Duty of Attorney General to Defend Actions

Act 175 of 1929, § 926, under THE ADMINISTRATIVE CODE OF 1929.

Act 175 of 1929, § 926

Section 926. Duty of Attorney General to Defend Actions.--(a) Notwithstanding any other provision of law, the Attorney General shall defend a claim against a Commonwealth entity if all of the following conditions are met:

(1) If payment for damages and other costs related to the claim may be paid or reimbursed under any of the Commonwealth's self-insurance programs or contracts for third-party insurance managed by the Department of General Services.

(2) If the Commonwealth entity requests in writing for the Attorney General to defend the claim.

(b) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Claim." A legal action filed against a Commonwealth entity for actions in tort to recover damages for injuries sustained to persons or property.

"Commonwealth entity." A person eligible for coverage under any of the Commonwealth's self-insurance programs or contracts for third-party insurance managed by the Department of General Services, including the General Assembly, the Judiciary or elected officials, employes and agents thereof.

(926 added July 9, 2021, P.L.377, No.70)

Compiler's Note: See section 18.1 of Act 70 of 2021 in the appendix to this act for special provisions relating to continuation of prior law.