6-916. SERVICE OF SUMMONS. In all actions under this act against the state or its employee the summons and complaint shall be served on the secretary of state with a copy to the attorney general. This section shall not be construed to release the party making service of process from serving any named defendant other […]
6-917. RECOVERY AGAINST GOVERNMENTAL ENTITY BAR TO ACTION AGAINST EMPLOYEE. Recovery against a governmental entity under the provisions of this act shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee whose negligence or wrongful act or omission gave rise to the claim. History: […]
6-918. NO PUNITIVE DAMAGES. Governmental entities and their employees shall not be liable for punitive damages on any claim allowed under the provisions of this act. History: [6-918, added 1971, ch. 150, sec. 18, p. 743; am. 1976, ch. 309, sec. 13, p. 1067.]
6-918A. ATTORNEYS’ FEES. At the time and in the manner provided for fixing costs in civil actions, and at the discretion of the trial court, appropriate and reasonable attorney fees may be awarded to the claimant, the governmental entity or the employee of such governmental entity, as costs, in actions under this act, upon petition […]
6-919. LIABILITY INSURANCE FOR STATE — COMPREHENSIVE PLAN BY DIVISION OF INSURANCE MANAGEMENT. The administrator of the division of insurance management in the department of administration shall provide a comprehensive liability plan which will cover and protect the state and its employees from claims and civil lawsuits. He shall be responsible for the acquisition and […]
6-920. LIABILITY INSURANCE FOR STATE PROCURED BY DIVISION OF INSURANCE MANAGEMENT. No state agency or institution other than the administrator of the division of insurance management in the department of administration may procure liability insurance under this act. All state agencies and institutions shall comply with this act and the comprehensive liability plan developed by […]
6-921. APPORTIONMENT OF COST OF STATE PLAN. The administrator of the division of insurance management in the department of administration shall apportion the cost of the comprehensive liability plan under this act to the individual agencies and institutions and the costs shall be paid to the departments. History: [6-921, added 1971, ch. 150, sec. 21, […]
6-922. PAYMENT BY STATE OF CLAIMS OR JUDGMENTS WHEN NO INSURANCE. In the event no insurance has been procured by the state to pay a claim or judgment arising under the provisions of this act, the claim or judgment shall be paid from the next appropriation of the state instrumentality whose tortious conduct gave rise […]
6-923. AUTHORITY OF POLITICAL SUBDIVISIONS TO PURCHASE INSURANCE. All political subdivisions of the state shall have the authority to purchase the necessary liability insurance for themselves and their employees. History: [6-923, added 1971, ch. 150, sec. 23, p. 743; am. 1976, ch. 310, sec. 4, p. 1070.]
6-924. POLICY LIMITS — MINIMUM REQUIREMENTS. Every policy or contract of insurance or comprehensive liability plan of a governmental entity as permitted under the provisions of this chapter shall provide that the insurance carrier pay on behalf of the insured governmental entity or its employee to a limit of not less than five hundred thousand […]
6-925. POLICY TERMS NOT COMPLYING WITH ACT — CONSTRUCTION — EXCEPTION. Any insurance policy, rider or indorsement hereafter issued and purchased to insure against any risk which may arise as a result of the application of this act, which contains any condition or provision not in compliance with the requirements of the act, shall not […]
6-926. JUDGMENT OR CLAIMS IN EXCESS OF COMPREHENSIVE LIABILITY PLAN — REDUCTION BY COURT — LIMITS OF LIABILITY. (1) The combined, aggregate liability of a governmental entity and its employees for damages, costs and attorney’s fees under this chapter, on account of bodily or personal injury, death or property damage, or other loss as the […]
6-927. TAX LEVY TO PAY COMPREHENSIVE LIABILITY PLAN. Notwithstanding any provisions of law to the contrary, all political subdivisions shall have authority to levy an annual property tax in the amount necessary to provide for a comprehensive liability plan whether by the purchase of insurance or otherwise as herein authorized; provided, that the revenues derived […]
6-928. TAX LEVY TO PAY CLAIM OR JUDGMENT. Notwithstanding any provisions of law to the contrary and in the event there are no funds available, the political subdivision shall levy and collect a property tax, at the earliest time possible, in an amount necessary to pay a claim or judgment arising under the provisions of […]
6-929. LIMITATION OF LIABILITY OF VOLUNTEER FIREMEN. For the purposes of chapter 9, title 6, Idaho Code, a volunteer fireman is an employee of a governmental entity. A "volunteer fireman" means any person who contributes his services to a volunteer fire department organized pursuant to chapter 14, title 31, Idaho Code, or a county mutual […]
