§ 9-31-9 - Refusal to defend – Attorney general.
SECTION 9-31-9
§ 9-31-9 Refusal to defend – Attorneygeneral. – The attorney general may refuse to defend an action referred to in §9-31-8 if he or she determines that:
(1) The act or omission was not within the scope ofemployment;
(2) The act or the failure to act was because of actualfraud, willful misconduct, or actual malice;
(3) The defense of the action or proceeding by the attorneygeneral would create a conflict of interest between the state of Rhode Islandand the employee or former employee;
(4) Within ten (10) days of the time he or she is served withany summons, complaint, process, notice, demand, or pleading, the employee orformer employee fails to deliver the original or a copy thereof to the attorneygeneral or his or her designee; or
(5) The state employee or former state employee refuses tocooperate fully with the attorney general's defense.