§ 29-20-403. Liability Insurance Authorized — Compensation for Injury — Limits — Limits of Liability for Self-Insuring Entities
Any governmental entity may purchase insurance to cover its liability under this chapter. Every policy or contract of insurance purchased by a governmental entity as authorized by this chapter shall provide: Minimum limits of not less than forty thousand dollars ($40,000) for bodily injury or death of any one (1) person in any one (1) […]
§ 29-20-404. Waiver of Immunity or Liability Limits — Liabilities Arising Under Federal Law
A governmental entity or the insurer of such governmental entity shall not be held liable for any claim arising under state law for which the governmental entity has immunity under this chapter unless the governmental entity has expressly waived such immunity. A governmental entity or the insurer of such governmental entity shall not be held […]
§ 29-20-405. Construction of Liability Insurance Policy Not in Compliance With Law
Any insurance policy, rider or endorsement purchased to insure against any risk which may arise as a result of the application of this chapter, and which contains any condition or provisions not in compliance with the terms of this chapter, shall not be rendered invalid, but shall be construed and applied in accordance with the […]
§ 29-20-406. Liability Insurance for Employees and Sheriffs Authorized
A governmental entity may insure any or all of its employees against all or any part of their liability for injury or damage resulting from a negligent act or omission, and any expenditure for such insurance is herewith declared to be for a public purpose, and may be paid from funds derived from the tax […]
§ 29-20-407. Authorization for Purchase of Insurance Without Bidding
Any governmental entity may purchase any of the insurance authorized by this chapter, without the necessity of public bidding, as required by any public or private act or charter restriction, if such insurance is purchased through a plan authorized and approved by any organization of governmental entities representing cities and counties.
§ 29-20-408. Catastrophic Injuries Fund Commission Created
There is created a commission to design, develop and propose legislation to the general assembly to enact and implement a catastrophic injuries fund for the purpose of compensating certain specified persons in an amount in excess of the governmental tort liability limits for injuries or death caused by the actions of an employee of a […]
§ 29-20-307. Exclusive Jurisdiction — No Jury
The circuit courts shall have exclusive original jurisdiction over any action brought under this chapter and shall hear and decide such suits without the intervention of a jury, except as otherwise provided in § 29-20-313(b); provided, that in counties having a population of more than eight hundred fifty thousand (850,000), according to the 2000 federal […]
§ 29-20-308. Venue of Actions
Suits filed under this chapter may be brought in the county in which such governmental entity is located or in the county in which the incident occurred from which the cause of action arises. A governmental entity operating in more than one (1) county shall be deemed to be located in the county where its […]
§ 29-20-309. Settlement of Actions
An officer or body appointed by the governing body of any governmental entity may, subject to such regulations and procedures as may be prescribed by the governing body, compromise and settle any action for damages or relief sought hereunder. If no such appointment has been made, the chief administrative officer of such governmental entity shall […]
§ 29-20-310. Determinations to Be Made by Court — Restrictions on Claims Against Employees — Health Care Liability — Immunity Indemnification and Insurability of Local Government Employees
The court, before holding a governmental entity liable for damages, must first determine that the employee’s or employees’ act or acts were negligent and the proximate cause of plaintiff’s injury, that the employee or employees acted within the scope of their employment and that none of the exceptions listed in § 29-20-205 are applicable to […]