Title 33, Chapter 24, Section 51
( 33-24-51)
(a) A municipal corporation, a county, or any other political
subdivision of this state is authorized in its discretion to secure
and provide insurance to cover liability for damages on account of
bodily injury or death resulting from bodily injury to any person or
for damage to property of any person, or for both arising by reason
of ownership, maintenance, operation, or use of any motor vehicle by
the municipal corporation, county, or any other political
subdivision of this state under its management, control, or
supervision, whether in a governmental undertaking or not, and to
pay premiums for the insurance coverage. (b) Whenever a municipal corporation, a county, or any other
political subdivision of this state shall purchase the insurance
authorized by subsection (a) of this Code section to provide
liability coverage for the negligence of any duly authorized
officer, agent, servant, attorney, or employee in the performance of
his official duties, its governmental immunity shall be waived to
the extent of the amount of insurance so purchased. Neither the
municipal corporation, county, or political subdivision of this
state nor the insuring company shall plead governmental immunity as
a defense; and the municipal corporation, county, or political
subdivision of this state or the insuring company may make only
those defenses which could be made if the insured were a private
person. (c) The municipal corporation, county, or any other political
subdivision of this state shall be liable for negligence as provided
in this Code section only for damages suffered while the insurance
is in force but in no case in an amount exceeding the limits or the
coverage of the insurance policy. (d) If the verdict rendered by the jury exceeds the limits of the
applicable insurance, the court shall reduce the amount of said
judgment or award to a sum equal to the applicable limits stated in
the insurance policy. (e) Premiums on the insurance authorized by subsection (a) of this
Code section shall be paid from the general funds of the municipal
corporation, county, or political subdivision. |