2021 Colorado Code
Title 24 - Government - State
Article 10 - Governmental Immunity
§ 24-10-116. State Required to Obtain Insurance

Universal Citation:
CO Rev Stat § 24-10-116 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
  1. The state shall obtain insurance to:
    1. Insure itself against all or any part of any liability for an injury for which it might be liable under this article;
    2. Insure any of its public employees acting within the scope of their employment against all or any part of his liability for injury for which he might be liable under this article;
    3. Insure against the expense of defending a claim for injury against the state or its public employees, whether or not liability exists on such claim.
  2. The insurance required under subsection (1) of this section may be provided by:
    1. Self-insurance, which may be funded by appropriations to establish or maintain reserves for self-insurance purposes;
    2. An insurance company authorized to do business in this state which meets all the requirements of the division of insurance for that purpose;
    3. A combination of the methods of obtaining insurance authorized in paragraphs (a) and (b) of this subsection (2).

Source: L. 71: p. 1211, § 1. C.R.S. 1963: § 130-11-16 .

Cross references: For creation of the state risk management fund to provide self-insurance for claims against the state, see part 15 of article 30 of this title.

ANNOTATION

Compliance with notice provisions of Colorado governmental immunity act is not essential to the court's jurisdiction. Nowakowski v. District Court, 664 P.2d 709 (Colo. 1983).

Filing complaint with district court and not serving complaint upon public entity or individual defendants held not to constitute "substantial compliance" with the notice provisions of the act. Uberoi v. Univ. of Colo., 713 P.2d 894 (Colo. 1986).

Should a police officer go beyond scope of law, he may become civilly liable and is not shielded by the doctrine of official immunity. Walker v. City of Denver, 720 P.2d 619 (Colo. App. 1986).

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