New Jersey Statutes 59:10A-2. Grounds for refusal to provide defense
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Terms Used In New Jersey Statutes 59:10A-2
- Fraud: Intentional deception resulting in injury to another.
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
The Attorney General may refuse to provide for the defense of an action referred to in section 1 if he determines that:
a. the act or omission was not within the scope of employment; or
b. the act or the failure to act was because of actual fraud, willful misconduct or actual malice; or
c. the defense of the action or proceeding by the Attorney General would create a conflict of interest between the State and the employee or former employee.
L.1972, c. 48, s. 2, eff. June 1, 1972.