1746 - Supplementary coverage.

     § 1746.  Supplementary coverage.        (a)  General rule.--The indemnification and advancement of     expenses provided by, or granted pursuant to, the other sections     of this subchapter shall not be deemed exclusive of any other     rights to which a person seeking indemnification or advancement     of expenses may be entitled under any bylaw, agreement, vote of     shareholders or disinterested directors or otherwise, both as to     action in his official capacity and as to action in another     capacity while holding that office. Section 1728 (relating to     interested directors or officers; quorum) and, in the case of a     registered corporation, section 2538 (relating to approval of     transactions with interested shareholders) shall be applicable     to any bylaw, contract or transaction authorized by the     directors under this section. A corporation may create a fund of     any nature, which may, but need not be, under the control of a     trustee, or otherwise secure or insure in any manner its     indemnification obligations, whether arising under or pursuant     to this section or otherwise.        (b)  When indemnification is not to be made.--Indemnification     pursuant to subsection (a) shall not be made in any case where     the act or failure to act giving rise to the claim for     indemnification is determined by a court to have constituted     willful misconduct or recklessness. The articles may not provide     for indemnification in the case of willful misconduct or     recklessness.        (c)  Grounds.--Indemnification pursuant to subsection (a)     under any bylaw, agreement, vote of shareholders or directors or     otherwise may be granted for any action taken and may be made     whether or not the corporation would have the power to indemnify     the person under any other provision of law except as provided     in this section and whether or not the indemnified liability     arises or arose from any threatened, pending or completed action     by or in the right of the corporation. Such indemnification is     declared to be consistent with the public policy of this     Commonwealth.        (d)  Cross references.--(Deleted by amendment).     (Dec. 19, 1990, P.L.834, No.198, eff. imd.; Dec. 7, 1994,     P.L.703, No.106, eff. 60 days)        1994 Amendment.  Act 106 amended subsec. (c).        1990 Amendment.  Act 198 amended subsecs. (a) and (b) and     deleted subsec. (d).