Common use of Defense of Employees Clause in Contracts

Defense of Employees. a. Except as provided in paragraph 2 below, the Attorney General shall, upon the request of an employee, provide for the defense of any action brought against the employee on account of an act or omission in the scope of his employment. The Attorney General’s duty to defend shall extend to a cross-action, counterclaim or cross-complaint against an employee. b. The Attorney General must provide for the defense of an action unless it is more probable than not that one of the following three exceptions applies: i. the act or omission was not within the scope of employment; ii. the act or failure to act was because of actual fraud, willful misconduct or actual malice; or iii. the defense of an action or proceeding by the Attorney General would create a conflict of interest between the State and the employee. c. In the event the Attorney General determines that the defense of an action would create a conflict of interest, but the act or omission was within the scope of employment and did not involve actual fraud, willful misconduct or actual malice, the Attorney General may in his/ her discretion retain outside counsel to represent the employee. If the State provides a defense, the cost of counsel shall be borne by the State. d. In any other action or proceeding, including criminal proceedings, the Attorney General may provide for the defense of an employee if he concludes that such representation is in the best interest of the State. e. Whenever the Attorney General provides for the defense of an employee, the Attorney General may assume exclusive control over the representation of such employee and such employee shall cooperate fully with the Attorney General’s defense. f. The Attorney General may provide for a defense by an attorney from his own staff or by employing other counsel for this purpose or by asserting the State’s right under any appropriate insurance policy, which requires the insurer to provide the defense.

Defense of Employees. a. Except as provided in paragraph 2 2. below, the Attorney General shall, upon the a request of an employee, employee provide for the defense of any action brought against the employee on account of an act or omission in the scope of his employment. The Attorney General’s 's duty to defend shall extend to a cross-action, counterclaim or cross-complaint against an employee. b. The Attorney General must provide for the defense of an action unless it is more probable than not that one of the following three exceptions applies: i. 1. the act or omission was not within the scope of employment;; or ii2. the act or failure to act was because of actual fraud, willful misconduct or actual malice; or iii3. the defense of an the action or proceeding by the Attorney General would create a conflict of interest between the State and the employee. c. In the event the Attorney General determines that the defense of an action would create a conflict of interest, but that the act or omission was within the scope of employment and did not involve actual fraud, willful misconduct or actual malice, the Attorney General may in his/ his/her discretion retain outside counsel to represent the employee. If the State provides a defense, the cost of counsel shall be borne by the State. d. In any other action or proceeding, including criminal proceedings, the Attorney General may provide for the defense of an employee if he concludes that such representation is in the best interest of the State. e. Whenever the Attorney General provides for the defense of an employee, the Attorney General may assume exclusive control over the representation of such employee and such employee shall cooperate fully with the Attorney General’s 's defense. f. The Attorney General may provide for a defense by an attorney from his own staff or by employing other counsel for this purpose or by asserting the State’s 's right under any appropriate insurance policy, which requires the insurer to provide the defense.

Defense of Employees. a. Except as provided in paragraph 2 below, the Attorney General shall, upon the request of an employee, provide for the defense of any action brought against the employee on account of an act or omission in the scope of his employment. The Attorney General’s duty to defend shall extend to a cross-action, counterclaim or cross-complaint against an employee. b. The Attorney General must provide for the defense of an action unless it is more probable than not that one of the following three exceptions applies: i. 1. the act or omission was not within the scope of employment; ii2. the act or failure to act was because of actual fraud, willful misconduct or actual malice; or iii3. the defense of an action or proceeding by the Attorney General would create a conflict of interest between the State and the employee. c. In the event the Attorney General determines that the defense of an action would create a conflict of interest, but the act or omission was within the scope of employment and did not involve actual fraud, willful misconduct or actual malice, the Attorney General may in his/ his/her discretion retain outside counsel to represent the employee. If the State provides a defense, the cost of counsel shall be borne by the State. d. In any other action or proceeding, including criminal proceedings, the Attorney General may provide for the defense of an employee if he concludes that such representation is in the best interest of the State. e. Whenever the Attorney General provides for the defense of an employee, the Attorney General may assume exclusive control over the representation of such employee and such employee shall cooperate fully with the Attorney General’s defense. f. The Attorney General may provide for a defense by an attorney from his own staff or by employing other counsel for this purpose or by asserting the State’s right under any appropriate insurance policy, which requires the insurer to provide the defense.

Defense of Employees. a. Except as provided in paragraph 2 below, the Attorney General shall, upon the request of an employee, provide for the defense of any action brought against the employee on account of an act or omission in the scope of his employment. The Attorney General’s 's duty to defend shall extend to a cross-action, counterclaim or cross-complaint against an employee. b. The Attorney General must provide for the defense of an action unless it is more probable than not that one of the following three exceptions applies: i. 1. the act or omission was not within the scope of employment; ii2. the act or failure to act was because of actual fraud, willful misconduct or actual malice; or iii3. the defense of an action or proceeding by the Attorney General would create a conflict of interest between the State and the employee. c. In the event the Attorney General determines that the defense of an action would create a conflict of interest, but that the act or omission was within the scope of employment and did not involve actual fraud, willful misconduct or actual malice, the Attorney General may in his/ his/her discretion retain outside counsel to represent the employee. If the State provides a defense, the cost of counsel shall be borne by the State. d. In any other action or proceeding, including criminal proceedings, the Attorney General may provide for the defense of an employee if he concludes that such representation is in the best interest of the State. e. Whenever the Attorney General provides for the defense of an employee, the Attorney General may assume exclusive control over the representation of such employee and such employee shall cooperate fully with the Attorney General’s 's defense. f. The Attorney General may provide for a defense by an attorney from his own staff or by employing other counsel for this purpose or by asserting the State’s 's right under any appropriate insurance policy, which requires the insurer to provide the defense.

Defense of Employees. a. Except as provided in paragraph 2 2. below, the Attorney General shall, upon the a request of an employee, employee provide for the defense of any action brought against the employee on account of an act or omission in the scope of his employment. The Attorney General’s 's duty to defend shall extend to a cross-action, counterclaim or cross-complaint against an employee. b. The Attorney General must provide for the defense of an action unless it is more probable than not that one of the following three exceptions applies: : i. 1. the act or omission was not within the scope of employment;; or ii2. the act or failure to act was because of actual fraud, willful misconduct or actual malice; or iii3. the defense of an the action or proceeding by the Attorney General would create a conflict of interest between the State and the employee. c. In the event the Attorney General determines that the defense of an action would create a conflict of interest, but that the act or omission was within the scope of employment and did not involve actual fraud, willful misconduct or actual malice, the Attorney General may in his/ his/her discretion retain outside counsel to represent the employee. If the State provides a defense, the cost of counsel shall be borne by the State. d. In any other action or proceeding, including criminal proceedings, the Attorney General may provide for the defense of an employee if he concludes that such representation is in the best interest of the State. e. Whenever the Attorney General provides for the defense of an employee, the Attorney General may assume exclusive control over the representation of such employee and such employee shall cooperate fully with the Attorney General’s 's defense. f. The Attorney General may provide for a defense by an attorney from his own staff or by employing other counsel for this purpose or by asserting the State’s 's right under any appropriate insurance policy, which requires the insurer to provide the defense.