4 Pa. Code § 39.2

Current through Register Vol. 54, No. 49, December 7, 2024
Section 39.2 - Civil cases involving unintentional conduct

When a Commonwealth official or employe is sued in his official or individual capacity for alleged negligence or other unintentional misconduct occurring while in the scope of employment, the Commonwealth will provide a defense in all cases. If an insurance policy purchased by the Commonwealth affords coverage, the insurance company will undertake the defense with an attorney of its choosing at its expense. If there is no insurance coverage, the Commonwealth will provide an attorney to defend the official or employe. The Commonwealth will indemnify the defendant for the expense of a judgment against him in this case. The defendant may engage his own attorney but any attorneys fees will not be reimbursed by the Commonwealth and indemnification will be in the sole discretion of the General Counsel.

4 Pa. Code § 39.2

The provisions of this § 39.2 amended March 8, 1996, effective 3/9/1996, 26 Pa.B. 993.

This section cited in 4 Pa. Code § 39.13 (relating to civil cases).