Subject to IC 34-13-2, IC 34-13-3, and IC 34-13-4, this chapter applies when a member of the department is sued for civil damages and:(1) the department administratively determines that the civil action arose out of an act performed within the scope of the duties of the member; and(2) a lack of defense of the action by the state would prejudice the construction, maintenance, or administration of state highways.As added by P.L.18-1990, SEC.225. Amended by P.L.1-1998, SEC.92.
Indiana Legal Code