Payments may be denied if the employee or their counsel have not made reasonable efforts to defend or if the employee's actions were grossly negligent, willful, malicious, criminal or done for personal gain. Further, any judgement covered by liability insurance will not be paid and settlements or compromises of litigation reached out of court may be disallowed if the Board of Claims determines that the terms of the proposed settlement have no relationship to the employee's liability and the injury or damage caused. This requirement shall be met by an employee's timely filing a request for the employment of counsel with the defense counsel commission and shall not be required where process has been served on the Attorney General. Volunteer's Name 1. For actions taken in the course of performing volunteer services, which are neither willful, malicious or criminal, or acts or omissions done for personal gain, an authorized volunteer is immune from suit in the same manner as state employees.
Persons injured by the actions of a volunteer are able to file a claim directly against the state.
The volunteer acknowledges that the University shall have no liability for personal injury or property damage which may be suffered by the volunteer, unless such injury or damage directly results from the negligent act or omissions of state employees or authorized volunteers. Any and all negligence claims shall be expressly limited to claims approved by the Claims Commission. Moreover, the volunteer agrees to avoid giving the impression of having apparent authority to bind or represent the University with regard to third parties. Accordingly, the volunteer may not sign or enter into any agreements or contracts on behalf of the University. The volunteer and the University agree that no person shall be subjected to discrimination on the basis of race, color, religion, sex, age, disability or national origin in the execution or performance of this agreement.