2012 Indiana Code
TITLE 27. INSURANCE
ARTICLE 18. SURPLUS LINES INSURANCE COMPACT
CHAPTER 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION

IC 27-18-6
Chapter 6. Qualified Immunity, Defense, and Indemnification

IC 27-18-6-1
Qualified immunity
Sec. 1. (a) The members, officers, executive director, employees, and representatives of the commission, members of the executive committee, and members of any other committee of the commission are, personally and in their official capacity, immune from suit and liability for a claim for damage to or loss of property, personal injury, or other civil liability caused by or arising out of an actual or alleged act, error, or omission:
(1) that occurs; or
(2) that the person against whom the claim is made has a reasonable basis for believing to have occurred;
within the scope of commission employment, duties, or responsibilities.
(b) This section does not protect a person described in subsection (a) from suit or liability for damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of the person.
As added by P.L.111-2011, SEC.1.

IC 27-18-6-2
Defense against liability
Sec. 2. (a) The commission shall defend a member, officer, executive director, employee, or representative of the commission, the executive committee, or any other committee of the commission in a civil action seeking to impose liability arising out of an actual or alleged act, error, or omission:
(1) that occurs; or
(2) that the person against whom the claim is made has a reasonable basis for believing to have occurred;
within the scope of commission employment, duties, or responsibilities if the actual or alleged act, error, or omission did not result from the person's intentional or willful or wanton misconduct.
(b) This section does not prohibit a person described in subsection (a) from retaining the person's own counsel.
As added by P.L.111-2011, SEC.1.

IC 27-18-6-3
Indemnification
Sec. 3. The commission shall indemnify and hold harmless a member, officer, executive director, employee, or representative of the commission, executive committee, or other committee of the commission for the amount of a settlement or judgment obtained against the person arising out of an actual or alleged act, error, or omission:
(1) that occurs; or
(2) that the person against whom the claim is made has a reasonable basis for believing to have occurred; within the scope of commission employment, duties, or responsibilities if the actual or alleged act, error, or omission did not result from the person's intentional or willful or wanton misconduct.
As added by P.L.111-2011, SEC.1.