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  • Is there a common law duty of employers to defend employees against tort claims? Case cites?

    Assuming the act is in the course and scope and course of employment, the employee gets sued, employer refuses to provide defense, employee dismissed, but has large defense costs.

    Obviously, the employer would have argued that employee should have defended, if he hadn't, because employer would face large default vicarious liability judgment and would have come after employee for failing to defend.

    I need case law. Kentucky preferred, then sixth circ., then any us court

    2 AnswersLaw & Ethics7 years ago