Utah Code 63G-7-903. Recovery of judgment paid and defense costs by government employee
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(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 63G-7-902 , the employee may recover from the governmental entity the amount of the payment and the reasonable costs incurred in the employee’s defense.
Terms Used In Utah Code 63G-7-903
- Claim: means any asserted demand for or cause of action for money or damages, whether arising under the common law, under state constitutional provisions, or under state statutes, against a governmental entity or against an employee in the employee's personal capacity. See Utah Code 63G-7-102
- Employee: includes :(3)(a)(i) a governmental entity's officers, employees, servants, trustees, or commissioners;(3)(a)(ii) a member of a governing body;(3)(a)(iii) a member of a government entity board;(3)(a)(iv) a member of a government entity commission;(3)(a)(v) members of an advisory body, officers, and employees of a Children's Justice Center created in accordance with Section 67-5b-102;(3)(a)(vi) a student holding a license issued by the State Board of Education;(3)(a)(vii) an educational aide;(3)(a)(viii) a student engaged in an internship under Section 53B-16-402 or 53G-7-902;(3)(a)(ix) a volunteer, as defined in Section 67-20-2; and(3)(a)(x) a tutor. See Utah Code 63G-7-102
- Governmental entity: means :
(4)(a) the state and its political subdivisions; and(4)(b) a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103. See Utah Code 63G-7-102(2)(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 Subsection63G-7-902(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 Subsection63G-7-202(3)(c) applied.(2)(b) The employee has the burden of proof that none of the conditions set forth in Subsection63G-7-202(3)(c) applied. - Governmental entity: means :