As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings indicated:
EMPLOYEE
Any person holding a position by election, appointment or employment
in the service of the Village of Warwick, whether or not compensated, but
shall not include an independent contractor. The term "employee" shall include
a former employee, his estate or judicially appointed personal representative,
if applicable.
The duty to defend or indemnify and save harmless prescribed by this
section shall be conditioned upon:
A. Delivery to the Village Attorney or his designee, at
the Office of the Village Attorney in the Village of Warwick, by the employee
of the original or a copy of any summons, complaint, process, notice, demand
or pleading within five working days after he is served with such document.
B. The full cooperation of the employee in the defense of
such action or proceeding and in defense of any action or proceeding against
the village based upon the same act or omission, and in the prosecution of
any appeal. Such delivery shall be deemed a request by the employee that the
village provide his defense pursuant to this chapter.
The benefits of this chapter shall inure only to employees as defined
herein and shall not enlarge or diminish the rights of any other party, nor
shall any provisions of this chapter be construed to affect, alter or repeal
any provisions of the Worker's Compensation Law.
This chapter shall not in any way affect the obligation of any claimants
to give notice to the Village of Warwick under § 50-e of the General
Municipal Law or any other provision of law.
The provisions of this chapter shall not be construed to impair, alter,
limit or modify the rights and obligations of any insurer under any policy
of insurance.
The provisions of this chapter shall apply to all actions and proceedings
instituted after June 15, 1986.
Except as otherwise specifically provided by this chapter, the provisions
of this chapter shall not be construed in any way to impair, alter, limit,
modify, abrogate or restrict any immunity available to or conferred upon any
unit, entity, officer or employee of the village or any right to defense and/or
indemnification provided for any municipal officer or employee by, in accordance
with or by reason of any provision of state, federal or local statute or common
law.