2005 Idaho Code - 6-926 — JUDGMENT OR CLAIMS IN EXCESS OF COMPREHENSIVE LIABILITY PLAN -- REDUCTION BY COURT -- LIMITS OF LIABILITY

                                   TITLE  6
                         ACTIONS IN PARTICULAR CASES
                                  CHAPTER 9
                             TORT CLAIMS AGAINST
                            GOVERNMENTAL ENTITIES
    6-926.  JUDGMENT OR CLAIMS IN EXCESS OF COMPREHENSIVE LIABILITY PLAN --
REDUCTION BY COURT -- LIMITS OF LIABILITY. The combined, aggregate liability
of a governmental entity and its employees for damages, costs and attorney
fees under this chapter, on account of bodily or personal injury, death, or
property damage, or other loss as the result of any one (1) occurrence or
accident regardless of the number of persons injured or the number of
claimants, shall not exceed and is limited to five hundred thousand dollars
($500,000), unless the governmental entity has purchased applicable, valid,
collectible liability insurance coverage in excess of said limit, in which
event the controlling limit shall be the remaining available proceeds of such
insurance. If any judgment or judgments, including costs and attorney fees
that may be awarded, are returned or entered, and in the aggregate total more
than five hundred thousand dollars ($500,000), or the limits provided by said
valid, collectible liability insurance, if any, whether in one or more cases,
the court shall reduce the amount of the award or awards, verdict or verdicts,
or judgment or judgments in any case or cases within its jurisdiction so as to
reduce said aggregate loss to said applicable statutory limit or to the limit
or limits provided by said valid, collectible insurance, if any, whichever was
[is] greater.
    Limits of liability above specified shall not be increased or altered by
the fact that a decedent, on account of whose death a wrongful death claim is
asserted hereunder, left surviving him or her more than one (1) person
entitled to make claim therefor, nor shall the aggregate recovery exceed the
single limit provided for injury or death to any one (1) person in those cases
in which there is both an injury claim and a death claim arising out of the
injury to one (1) person, the intent of this section being to limit such
liabilities and recoveries in the aggregate to one (1) limit only.
    The entire exposure of the entity and its employee or employees hereunder
shall not be enlarged by the number of liable employees or the theory of
concurrent or consecutive torts or tort feasors or of a sequence of accidents
or incidents if the injury or injuries or their consequences stem from one (1)
occurrence or accident.
    In no case shall any court enter judgment, or allow any judgment to stand,
which results in the limit of liability herein provided to be exceeded in any
manner or respect. If any court has jurisdiction of two (2) or more such
claims in litigation in which the adjudication is simultaneous and, in the
aggregate, exceeds the limits above provided, the reduction shall be pro rata
in a proportion consistent with the relative amounts of loss of the claimants
before the court; otherwise, the reduction shall be determined and made in
view of limits remaining after the prior settlement of any other such claims
or the prior satisfaction of any other such judgments, and no consideration
shall be given to other such outstanding claims, if any, which have not been
settled or satisfied prior thereto.
    The court shall reduce any judgment in excess of the limits provided by
this act in any matter within its jurisdiction, whether by reason of the
adjudication in said proceedings alone or of the total or aggregate of all
such awards, judgments, settlements, voluntary payments or other such loss
relevant to the limits above provided.