63G-7-903. Recovery of judgment paid and defense costs by government employee.
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63G-7-903. Recovery of judgment paid and defense costs by government employee.
(1)Subject to Subsection
(2), if an employee pays a judgment entered against him, or any portion of it, that the governmental entity is required to pay under Section 63G-7-902 , the employee may recover from the governmental entity the amount of the payment and the reasonable costs incurred in the employee's defense.
(a)If a governmental entity does not conduct the defense of an employee against a claim, or conducts the defense under a reservation of rights as provided in Subsection 63G-7-902(6) , the employee may recover from the governmental entity under Subsection
(1)if the employee can prove that none of the conditions set forth in Subsection 63G-7-202(3)(c) applied.
(b)The employee has the burden of proof that none of the conditions set forth in Subsection 63G-7-202(3)(c) applied.
Renumbered and Amended by Chapter 382 , 2008 General Session