Ga. Comp. R. & Regs. R. 120-2-14-.14 - Claims against Plan; Members and Staff
(1) The Plan shall pay on behalf of any
individual or subscriber all sums which the individual or subscriber shall
become legally obligated to pay as a result of or in connection with the
performance of official duties as an officer, employee or representative on any
committee of the Plan.
(2) The Plan
shall have the right and duty to defend any suit or claim against such
individual or subscriber seeking damages as a result of or in connection with
the performance of official duties as an officer, employee or representative on
any committee of the Plan.
(3) The
Plan shall be obligated under paragraphs (1) and (2) above regardless of when
claim or suit is made, as long as the incident giving rise to the obligation
occurred during the period of time that individual or subscriber served as an
officer, employee or representative on any committee of the Plan, and was
acting in such official capacity.
(4) The Plan may make such investigations and
settlements of any claims or suits as it deems expedient.
(5) The cost of fulfilling the obligations of
the Plan as described in this Rule shall be an expense incurred pursuant to
Rule 120-2-14-.07.
(6) The obligations of the Plan as described
in this Chapter do not arise:
(a) If the
individual or subscriber fails to report the claim or suit to the manager of
the Plan within ten (10) days of actual notice of such claim or suit;
or
(b) If, after the defense of a
claim or suit arising pursuant to this section it is adjudged that the officer,
employee or representative acted in bad faith, then the Plan shall be
reimbursed by such officer, employee or representative for expenses incurred in
such defense.
Notes
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