2009 North Carolina Code
Chapter 20 - Motor Vehicles.
§ 20-194. Expense of administration; defense of members and other State law-enforcement officers in civil actions; payment of judgments.

§ 20‑194.  Expense of administration; defense of members and other State law‑enforcement officers in civil actions; payment of judgments.

(a)        All expenses incurred in carrying out the provisions of this Article shall be paid out of the highway fund.

(b)        In the event that a member of the Highway Patrol or any other  State law‑enforcement officer is sued in a civil action as an individual for acts occurring while such member was alleged to be acting within the course and scope of his office, employment, service, agency or authority, which was alleged to be a proximate cause of the injury or damage complained of, the Attorney General is hereby authorized to defend such employee through the use of a member of his staff or, in his discretion, employ private counsel, subject to the provisions of Article 31A of Chapter 143 and G.S. 147‑17. Any judgment rendered as a result of said civil action against such member of the Highway Patrol or other State law‑enforcement officer, for acts alleged to be committed within the course and scope of his office, employment, service, agency or authority shall be paid as an expense of administration up to the limit provided in the Tort Claims Act.

(c)        The coverage afforded under this Article shall be excess coverage over any commercial liability insurance up to the limit of the Tort Claims Act. (1929, c. 218, s. 9; 1941, c. 36; 1957, c. 65, s. 11; 1973, c. 507, s. 5; c. 1323; 1975, c. 210; 1977, c. 70, s. 12.)