Section 9-31-12 - Indemnification - Reservation of obligation - Certification(a) The state reserves the right to determine whether or not it will indemnify any employees defended pursuant to §§ 9-31-8 - 9-31-11, if a judgment is rendered against the employee.(b) Upon certification by the court in which the tort action against a state employee is pending that (1) the defendant employee was acting within the scope of his or her office or employment when the claim arose, and (2) the claim does not arise out of actual fraud, willful misconduct, or actual malice by the employee, any civil action or proceeding commenced upon the claim under this statute shall be deemed to be an action or proceeding brought against the state under the provisions of this title and all references thereto, and the state shall be substituted as the party defendant.(c) Nothing in this section shall affect the obligations of any insurer, including the obligation to defend and satisfy any settlement or award.P.L. 1979, ch. 259, §1; P.L. 1995 , ch. 45, § 1; P.L. 2007 , ch. 346, § 1; P.L. 2007 , ch. 377, § 1.