2006 Utah Code - 63-30d-903 — Recovery of judgment paid and defense costs by government employee.

     63-30d-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 63-30d-902, the employee may recover from the governmental entity the amount of the payment and the reasonable costs incurred in the employee's defense.
     (2) (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 63-30d-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 63-30d-202(3)(c) applied.
     (b) The employee has the burden of proof that none of the conditions set forth in Subsection 63-30d-202(3)(c) applied.

Enacted by Chapter 267, 2004 General Session