Delaware Code Title 18 Sec. 6418 – Indemnification and immunity of employees
(a) An employee of the Department who participates in the program shall not be liable in any action for damages to any person for any action taken within the scope of that employee’s function in the program. The Attorney General shall defend the person in any civil suit and the State shall provide indemnification for any damages awarded.
Terms Used In Delaware Code Title 18 Sec. 6418
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Delaware Department of Insurance. See Delaware Code Title 18 Sec. 6403
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) The carrier that is the subject of the review shall not be liable in any action for damages to any person for any action taken to implement a determination of the independent review organization pursuant to this chapter.
(c) Any physician serving on the IURO chosen by the Insurance Commissioner or designee to hear an appeal shall not be liable in any action for damages to any person for any action taken within the scope of that physician’s function in the program.
72 Del. Laws, c. 441, § ?1; 70 Del. Laws, c. 186, § ?1; 75 Del. Laws, c. 362, § ?2;