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A-32 - Act respecting insurance

Section 93.239
Disposition versions

Full text
93.239. A guarantee fund shall assume the defence of its directors or officers prosecuted by a third person for an act done in the performance of their duties and shall pay any damages awarded as compensation for any injury resulting from that act, unless they have committed a grievous offence or a personal offence separable from the performance of their duties.
Notwithstanding the foregoing, in a penal or criminal proceeding the guarantee fund shall assume only the payment of the expenses of its directors or officers if they had reasonable grounds to believe that their conduct was in conformity with the law or if they have been freed or acquitted.
A guarantee fund shall assume the expenses of its directors and officers if, having prosecuted them for an act done in the performance of their duties, it loses its case and the court so decides.
If the guarantee fund wins its case only in part, the court may determine the amount of the expenses it shall assume.
1985, c. 17, s. 6; 1996, c. 63, s. 81, s. 82.
93.239. A guarantee fund corporation shall assume the defence of its directors or officers prosecuted by a third person for an act done in the performance of their duties and shall pay damages, in any, resulting from that act, unless they have committed a grievous offence or a personal offence separable from the performance of their duties.
Notwithstanding the foregoing, in a penal or criminal proceeding the corporation shall assume only the payment of the expenses of its directors or officers if they had reasonable grounds to believe that their conduct was in conformity with the law or if they have been freed or acquitted.
A corporation shall assume the expenses of its directors and officers if, having prosecuted them for an act done in the performance of their duties, it loses its case and the court so decides.
If the corporation wins its case only in part, the court may determine the amount of the expenses it shall assume.
1985, c. 17, s. 6.
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