1. Except as otherwise provided in subsection 2,the state shall defend any employee, and shall indemnify and hold harmless an employee against any claim as defined in section 669.2, subsection 3,paragraph “b”, including claims arising underthe Constitution, statutes, orrules of the United States or of any state. 2. a. The duty to indemnify and hold harmless shall not apply and the state shall be entitled to restitution from an employee if the employee failsto cooperate in the investigation or defense of the claim, as defined in this section, or if,in an action commenced by the state against the employee, it is determined that the conduct of the employee upon which a tort claim or demand was based constituted a willful and wanton act or omission or malfeasance in office. b. The duty to indemnify and hold harmless shall not apply if,in a suit commenced against the employee, the state has been substituted as the defendant in place of the employee, as provided in section 669.5. C93, §669.21
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