Rhode Island § 9-31-12 - Governmental Tort Liability
Full text of Rhode Island Rhode Island General Laws § 9-31-12 — Governmental Tort Liability, with citation guidance and answers to common questions.
§ 9-31-12. Governmental Tort Liability
R.I. Gen. Laws § 9-31-12
§ 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.
History of Section.
P.L. 1979, ch. 259, § 1; P.L. 1995, ch. 45, § 1; P.L. 2007, ch. 346, § 1; P.L. 2007,
ch. 377, § 1.
Frequently Asked Questions About Rhode Island § 9-31-12
What does Rhode Island General Laws § 9-31-12 cover?
Section 9-31-12 ("Governmental Tort Liability") is part of the Rhode Island General Laws, the codified statutory law of Rhode Island. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Rhode Island § 9-31-12?
A common citation format is "Rhode Island General Laws § 9-31-12" (Rhode Island). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Rhode Island law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Rhode Island official source linked on this page or consult a licensed Rhode Island attorney.
How does Rhode Island § 9-31-12 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Rhode Island can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Rhode Island.