Iowa Code 669.21 – Employees defended and indemnified
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Terms Used In Iowa Code 669.21
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
669.21 Employees defended and indemnified.
1. Except as otherwise provided in subsection 2, the state shall defend any employee, and
shall indemnify and hold harmless an employee against any claim as defined in § 669.2, subsection 3, paragraph “”b””, including claims arising under the Constitution, statutes, or rules of the United States or of any state.
2. a. The duty to indemnify and hold harmless shall not apply and the state shall be entitled to restitution from an employee if the employee fails to cooperate in the investigation or defense of the claim, as defined in this section, or if, in an action commenced by the state against the employee, it is determined that the conduct of the employee upon which a tort claim or demand was based constituted a willful and wanton act or omission or malfeasance in office.
b. The duty to indemnify and hold harmless shall not apply if, in a suit commenced against the employee, the state has been substituted as the defendant in place of the employee, as provided in § 669.5.
[C77, 79, 81, §25A.21]
84 Acts, ch 1259, §2
C93, §669.21
98 Acts, ch 1086, §2; 2006 Acts, ch 1185, §113
Referred to in §29C.8, 135.24, 135.143, 163.3A, 231E.12
1. Except as otherwise provided in subsection 2, the state shall defend any employee, and
shall indemnify and hold harmless an employee against any claim as defined in § 669.2, subsection 3, paragraph “”b””, including claims arising under the Constitution, statutes, or rules of the United States or of any state.
2. a. The duty to indemnify and hold harmless shall not apply and the state shall be entitled to restitution from an employee if the employee fails to cooperate in the investigation or defense of the claim, as defined in this section, or if, in an action commenced by the state against the employee, it is determined that the conduct of the employee upon which a tort claim or demand was based constituted a willful and wanton act or omission or malfeasance in office.
b. The duty to indemnify and hold harmless shall not apply if, in a suit commenced against the employee, the state has been substituted as the defendant in place of the employee, as provided in § 669.5.
[C77, 79, 81, §25A.21]
84 Acts, ch 1259, §2
C93, §669.21
98 Acts, ch 1086, §2; 2006 Acts, ch 1185, §113
Referred to in §29C.8, 135.24, 135.143, 163.3A, 231E.12