2022 Georgia Code
Title 33 - Insurance
Chapter 24 - Insurance Generally
Article 1 - General Provisions
§ 33-24-51. Purchase of Insurance Covering Injuries Resulting From Governmental Ownership and Use of Motor Vehicles; Waiver of Governmental Immunity; Limitation of Liabilities

1. 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.
2. The sovereign immunity of local government entities for a loss arising out of claims for the negligent use of a covered motor vehicle is waived as provided in Code Section 36-92-2. 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 or her official duties in an amount greater than the amount of immunity waived as in Code Section 36-92-2, 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.
3. The municipal corporation, county, or any other political subdivision of this state shall be liable for damages in excess of the amount of immunity waived as provided in Code Section 36-92-2 which are sustained only while the insurance is in force and only to the extent of the limits or the coverage of the insurance policy.
4. If a 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 but not less than the amount of immunity waived as provided in Code Section 36-92-2.
5. 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.

History. Code 1933, § 56-2437, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1985, p. 1054, § 1; Ga. L. 2002, p. 579, § 1.

Cross references.

Effect of purchasing liability insurance on sovereign immunity of municipality, § 36-33-1 .

Law reviews.

For note discussing some limitations on governmental tort immunity, see 5 Ga. St. B.J. 494 (1969).

For note analyzing sovereign immunity in this state and proposing implementation of a waiver scheme and creation of a court of claims pursuant to Ga. Const., Art. VI, Sec. V, Para. I, see 27 Emory L.J. 717 (1978).

For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981).

For article surveying developments in Georgia torts law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 247 (1981).

For survey article on insurance, see 34 Mercer L. Rev. 177 (1982).

For survey article on local government law, see 34 Mercer L. Rev. 225 (1982).

For article, “Defending the Lawsuit: A First-Round Checklist,” see 22 Ga. St. B.J. 24 (1985).

For article surveying local government law in 1984-1985, see 37 Mercer L. Rev. 313 (1985).

For article, “Georgia Local Government Tort Liability: the ‘Crisis’ Conundrum”, see 2 Ga. St. U.L. Rev. 19 (1986).

For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986).

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 annual survey article discussing developments in education law, see 52 Mercer L. Rev. 221 (2000).

For annual survey article on local government law, see 52 Mercer L. Rev. 341 (2000).

For article, “Education Law,” see 53 Mercer L. Rev. 281 (2001).

For article, “Local Government Law,” see 53 Mercer L. Rev. 389 (2001).

For note on the 2002 amendment of this Code section, see 19 Ga. St. U.L. Rev. 243 (2002).

For survey article on local government law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 353 (2003).

For annual survey of administrative law, see 56 Mercer L. Rev. 31 (2004).

For annual survey of construction law, see 56 Mercer L. Rev. 109 (2004).

For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004).

For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006).

For survey article on insurance law, see 60 Mercer L. Rev. 191 (2008).

For survey article on local government law, see 60 Mercer L. Rev. 263 (2008).

For annual survey of law on insurance, see 62 Mercer L. Rev. 139 (2010).

For annual survey on local government law, see 64 Mercer L. Rev. 213 (2012).

For annual survey on local government law, see 65 Mercer L. Rev. 205 (2013).

For survey article on local government law, see 67 Mercer L. Rev. 147 (2015).

For annual survey on trial practice and procedure, see 67 Mercer L. Rev. 257 (2015).

For article, “What’s the ‘Use’: Vehicle Maintenance Liability Barred by Sovereign Immunity Amendment Intended to Promote Waiver,” see 69 Mercer L. Rev. 651 (2018).

For annual survey on local government law, see 71 Mercer L. Rev. 189 (2019).

For article with annual survey on insurance law, see 73 Mercer L. Rev. 119 (2021).