Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 8548. Indemnity.
(a) Indemnity by local agency generally.--When an action is brought against an employee of a local agency for damages on account
of an injury to a person or property, and he has given timely prior written notice
to the local agency, and it is judicially determined that an act of the employee caused
the injury and such act was, or that the employee in good faith reasonably believed
that such act was, within the scope of his office or duties, the local agency shall
indemnify the employee for the payment of any judgment on the suit.
(b) Indemnity by employee generally.--No employee of a local agency shall be liable to the local agency for any surcharge,
contribution, indemnity or reimbursement for any liability incurred by the local agency
for damages on account of an injury to a person or property caused by an act of the
employee which was within the scope of his office or duties or which he in good faith
reasonably believed to be within the scope of his office or duties. No employee of
a local agency shall be liable to the local agency for any surcharge, contribution,
indemnity or reimbursement for any expenses or legal fees incurred by the local agency
while defending the employee against a claim for damages on account of an injury to
a person or property caused by an act of the employee.
(c) Cooperation.--In any action against a local agency or an employee thereof for damages on account
of an injury caused by the act of the employee in which action the employee has not
fully cooperated with the local agency in the defense of the action, the provisions
of subsection (b) shall not apply.
Cross References. Section 8548 is referred to in section 8550 of this title.
Notes of Decisions
Jones v. City of Philadelphia, 890 A.2d 1188 (Pa. Commw. Ct. 2006).
· cites it 2× “The court imposed liability on the City under the Tort Claims Act, 42 Pa.C.S. § 8548(a), for the judgment against the officer because he acted within the scope of his duties.”
Renk v. City of Pittsburgh, 641 A.2d 289 (Pa. 1994).
· cites it 2× “The majority today holds that, although appellant has previously been found liable for the torts of assault, battery, and false imprisonment, he may not have committed willful misconduct and thus, is entitled to indemnification under section 8548.”
Pettit v. Namie, 931 A.2d 790 (Pa. Commw. Ct. 2007).
· cites it 2× “As all parties recognize, Section 8548(a) of the Judicial Code, 42 Pa.C.S. § 8548(a), related to indemnity by local agency generally, provides that when an action is brought against an employee of a local agency for damages on account of injury to *809 person or property and the…”
Johnson v. City of Erie, Pa., 834 F. Supp. 873 (W.D. Pa. 1993).
“(the “Act”), provides in pertinent part: When an action is brought against an employee of a local agency for damages on account of an injury to a person or property, and he has given timely prior written notice to the local agency, and it is judicially determined that an act of…”
Patterson v. Lycoming Cnty., 815 A.2d 659 (Pa. Commw. Ct. 2002).
· cites it 4× “42 Pa.C.S. § 8548(a). [4] Indemnification is not available if it is judicially determined that the employee's actions constituted a crime, actual fraud, actual malice, or willful misconduct.”
Kuzel v. Krause, 658 A.2d 856 (Pa. Commw. Ct. 1995).
“Although the judgment was entered against him for committing the intentional tort of assault, battery, and false imprisonment, our Supreme Court held that Renk was not precluded from indemnification because he may not have intentionally committed these intentional torts.”
Balshy v. Pennsylvania State Police, 988 A.2d 813 (Pa. Commw. Ct. 2010).
“The police officer sought indemnification from the municipality for these amounts pursuant to Section 8548(a) of the Torts Claims Act, 42 Pa.C.S. § 8548 (relating to “indemnity” by local agency and employee of local agency).”
Nykiel v. Borough of Sharpsburg, 778 F. Supp. 2d 573 (W.D. Pa. 2011).
“7) Count VI against all entities for indemnification pursuant to 42 Pa. Cons. Stat. § 8548 ; a. Summary judgment for the claim of indemnification against Borough of Sharpsburg and Borough of Etna is granted with prejudice as a matter of law.”
Wiehagen v. Borough of North Braddock, 594 A.2d 303 (Pa. 1991).
“On October 5, 1984, Wiehagen filed the within action seeking indemnification from the Borough pursuant to 42 Pa.C.S. § 8548(a). Section 8548(a) provides: (a) Indemnity by local agency generally When an action is brought against an employee of a local agency for damages on…”
— 42 Pa. Cons. Stat. § 8548(a) — 20 cases
Jones v. City of Philadelphia, 890 A.2d 1188 (Pa. Commw. Ct. 2006).
“The court imposed liability on the City under the Tort Claims Act, 42 Pa.C.S. § 8548(a), for the judgment against the officer because he acted within the scope of his duties.”
Pettit v. Namie, 931 A.2d 790 (Pa. Commw. Ct. 2007).
“As all parties recognize, Section 8548(a) of the Judicial Code, 42 Pa.C.S. § 8548(a), related to indemnity by local agency generally, provides that when an action is brought against an employee of a local agency for damages on account of injury to *809 person or property and the…”
Johnson v. City of Erie, Pa., 834 F. Supp. 873 (W.D. Pa. 1993).
“(the “Act”), provides in pertinent part: When an action is brought against an employee of a local agency for damages on account of an injury to a person or property, and he has given timely prior written notice to the local agency, and it is judicially determined that an act of…”
Patterson v. Lycoming Cnty., 815 A.2d 659 (Pa. Commw. Ct. 2002).
“42 Pa.C.S. § 8548(a). [4] Indemnification is not available if it is judicially determined that the employee's actions constituted a crime, actual fraud, actual malice, or willful misconduct.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.