(Ga. L. 1977, p. 1051, § 1; Ga. L. 1979, p. 674, § 1; Ga. L. 1981, p. 1383, § 1; Ga. L. 1987, p. 993, § 1; Ga. L. 1994, p. 1717, § 3; Ga. L. 2008, p. 230, § 1/SB 175; Ga. L. 2009, p. 453, § 1-49/HB 228; Ga. L. 2011, p. 99, § 85/HB 24; Ga. L. 2011, p. 705, § 6-3/HB 214.)
Editor's notes.- Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that the amendment of this Code section by that Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.
Law reviews.- For article surveying recent legislative and judicial developments regarding Georgia's insurance laws, see 31 Mercer L. Rev. 117 (1979). For article surveying developments in Georgia insurance law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 143 (1981). For article, "The Fall and Rise of Official Immunity," see 25 Ga. St. B.J. 93 (1988). For annual survey of local government law, see 43 Mercer L. Rev. 317 (1991). For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).
JUDICIAL DECISIONS
Scope of O.C.G.A. § 45-9-1. - O.C.G.A. § 45-9-1 only authorizes the purchase of liability insurance or formulation of plans of self-insurance to insure public officers or employees of the agency, board, bureau, commission, department, or authority of the state to the extent that they are not immune from liability. The statute does not authorize the purchase of insurance by an agency specifically for the agency as the entity enjoys immunity from suit unless the immunity has been waived. Davis v. State, 211 Ga. App. 285, 439 S.E.2d 40 (1993).
O.C.G.A. § 45-9-1 only authorizes the purchase of liability insurance covering agency officers, officials, and employees, and not for the agency itself. Donaldson v. DOT, 212 Ga. App. 240, 441 S.E.2d 473 (1994).
O.C.G.A. § 45-9-1(d) does not prohibit discovery by a tort plaintiff of liability insurance policies purchased by a government agency for its employees. Pate v. Caballero, 253 Ga. 787, 325 S.E.2d 375 (1985).
Self-insurance plans.
- Under O.C.G.A. § 45-9-1, and O.C.G.A. §§ 45-9-20 and45-9-21, dealing with liability insurance for government employees and officials, only state self-insurance plans constitute a waiver of sovereign immunity. There is no statutory provision for a county to set up a self-insurance plan. Logue v. Wright, 260 Ga. 206, 392 S.E.2d 235 (1990); Pizza Hut of Am., Inc. v. Hood, 198 Ga. App. 112, 400 S.E.2d 657 (1990), cert. denied, 198 Ga. App. 897, 400 S.E.2d 657 (1991).
County hospital authority is not authorized to establish a self-insurance fund. Hospital Auth. v. Litterilla, 199 Ga. App. 345, 404 S.E.2d 796 (1991).
Cited in Kurtz v. Williams, 188 Ga. App. 14, 371 S.E.2d 878 (1988).
OPINIONS OF THE ATTORNEY GENERAL
Scope of probation supervisors' liability.
- Notwithstanding the waiver of sovereign immunity to the extent of any liability insurance provided, the potential liability of probation supervisors supervising court-ordered community service by probationers (a discretionary function as opposed to a ministerial duty) is only for conduct which is willful, wanton, or outside the scope of authority of the supervisor. 1983 Op. Att'y Gen. No. 83-18.
Payment of attorney's fees prior to action not authorized.
- O.C.G.A. § 45-9-1 does not authorize a public body to pay one of its employees' attorney's fees, which were incurred prior to the commencement of a civil, criminal, or quasi-criminal action against the employee arising out of the performance of the employee's duties. 1995 Op. Att'y Gen. No. 95-38.
RESEARCH REFERENCES
Am. Jur. 2d.
- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 186, 187.
ALR.
- Constitutionality of statute appropriating money to reimburse public officer or employee for money paid or liability incurred by him in consequence of breach of duty, 155 A.L.R. 1438.
Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it, 2 A.L.R.3d 822.
Personal liability of policeman, sheriff, or similar peace officer or his bond, for injury suffered as a result of failure to enforce law or arrest lawbreaker, 41 A.L.R.3d 700.
Validity and construction of statute authorizing or requiring governmental unit to procure liability insurance covering public officers or employees for liability arising out of performance of public duties, 71 A.L.R.3d 6.
Municipal liability for negligent fire inspection and subsequent enforcement, 69 A.L.R.4th 739.