Public body shall indemnify public officers
- procedure for requesting counsel
- extent of duty of state
- obligation for judgment and attorney fees
Source:
Section 30.285 — Public body shall indemnify public officers; procedure for requesting counsel; extent of duty of state; obligation for judgment and attorney fees, https://www.oregonlegislature.gov/bills_laws/ors/ors030.html
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Notes of Decisions
Because of statutory mandate that school district indemnify employes against tort claims arising from acts performed during execution of employe’s job duties, school district’s insurer is not entitled to apportioned contribution from teacher’s personal insurer for tort claims arising out of teacher’s acts performed during execution of job responsibilities. United Pacific/Reliance Ins. v. Horace Mann Ins., 65 Or App 21, 670 P2d 172 (1983)
Where plaintiff, personal auto insurer of school administrator, also insured district’s vicarious liability for administrator, plaintiff could not, under this section, recover indemnity from district for administrator’s on-job auto accident. Calif. Cas. Ins. v. David Douglas School Distr., 71 Or App 549, 693 P2d 54 (1984), Sup Ct review denied
Where plaintiff volunteered at request of Workers’ Compensation Department to establish and chair peer review committee to review at request of department particular chiropractor billings to compensation insurance carriers, control exercised over committee was sufficient to establish agency relationship. Samuel v. Frohnmayer, 82 Or App 375, 728 P2d 97 (1986), Sup Ct review denied, as modified by 84 Or App 80 (1987)
Where plaintiff insurer, which insured van that was loaned to defendant University of Oregon, sought declaration that state’s duty to indemnity its employes against tort claims under this section rendered state primarily liable and absolved plaintiff insurer of its contractual duty to defend and indemnify defendants against liability claims of third persons arising out of automobile accident, trial court properly granted defendants’ motion for summary judgment. Fircrest Poultry Farms Co. v. State of Oregon, 82 Or App 695, 728 P2d 968 (1986), Sup Ct review denied
Where former assistant director of Puerto Rico’s Commercial Development Company brought 1983 action against company and other defendants for allegedly dismissing him in violation of First and Fourteenth Amendment rights, former executive director entitled to qualified immunity and any back pay awarded to plaintiff reduced by interim earnings. Figueroa-Rodriguez v. Aquino, 863 F2d 1037 (1st Cir. 1988)
Where public employer conducted no investigation other than complaint against employee before declining his tendered defense, employer failed to satisfy investigation requirement of ORS 30.287 and was therefore required to indemnify employee. Cunliffe v. Pomplin, 102 Or App 403, 794 P2d 816 (1990), Sup Ct review denied
Where expense of defending officer, employee or agent of public body is incurred by third party, third party may not claim right to indemnification. Gill v. SAIF, 110 Or App 533, 823 P2d 447 (1992), aff’d as modified 314 Or 719, 842 P2d 402 (1992)
Allegation of ethics violation does not constitute tort claim or demand. City of Tualatin v. City-County Insurance Services Trust, 129 Or App 198, 878 P2d 1139 (1994), aff’d 321 Or 164, 894 P2d 1158 (1995)
Duty of public employer to indemnify and defend employee against suits arising in performance of employee’s duty does not impose duty on plaintiff to give employer notice when suing employee in private capacity. Krieger v. Just, 319 Or 328, 876 P2d 754 (1994)
Court must make separate inquiry to determine whether to substitute state as sole defendant rather than relying on Attorney General’s determination. Berry v. Dept. of General Services, 141 Or App 225, 917 P2d 1070 (1996)
Prohibition against public expenditure for defense of malfeasance or willful or wanton neglect does not apply to defense of claims other than tort claims. Eugene Police Employees’ Association v. City of Eugene, 157 Or App 341, 972 P2d 1191 (1998), Sup Ct review denied
Where insurance policy applies to officer, employee or agent but not to public body, policy releases public body only from obligation under ORS 30.287 to appoint counsel, not from duty to defend, save harmless and indemnify. Genesis Indemnity Insurance Co. v. Deschutes County, 194 Or App 446, 95 P3d 748 (2004)