2019 Indiana Code
Title 34. Civil Law and Procedure
Article 13. Causes of Action: Claims Against the Government
Chapter 3. Tort Claims Against Governmental Entities and Public Employees
34-13-3-20. Liability insurance; prohibitions
Sec. 20. (a) A political subdivision may purchase insurance to cover the liability of itself or its employees, including a member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity. Any liability insurance so purchased shall be purchased by invitation to and negotiation with providers of insurance and may be purchased with other types of insurance. If such a policy is purchased, the terms of the policy govern the rights and obligations of the political subdivision and the insurer with respect to the investigation, settlement, and defense of claims or suits brought against the political subdivision or its employees covered by the policy. However, the insurer may not enter into a settlement for an amount that exceeds the insurance coverage without the approval of the mayor, if the claim or suit is against a city, or the governing body of any other political subdivision, if the claim or suit is against such political subdivision.
(b) The state may purchase insurance to cover the cyber liability of itself or its employees, including a member of a board, a committee, a commission, an authority, or another instrumentality of the state. Any liability insurance so purchased shall be purchased by invitation to and negotiation with providers of insurance and may be purchased with other types of insurance. If such a policy is purchased, the terms of the policy govern the rights and obligations of the state and the insurer with respect to the investigation, settlement, and defense of claims or suits brought against the state or state employees covered by the policy. However, the insurer may not enter into a settlement for an amount that exceeds the insurance coverage without the approval of the governor.
(c) The state may not purchase insurance to cover the liability of the state or its employees. This subsection does not prohibit any of the following:
(1) The requiring of contractors to carry insurance.
(2) The purchase of insurance to cover losses occurring on real property owned by:
(A) the Indiana public retirement system; or
(B) a public pension and retirement fund administered by the Indiana public retirement system.
(3) The purchase of insurance by a separate body corporate and politic to cover the liability of itself or its employees.
(4) The purchase of casualty and liability insurance for foster parents (as defined in IC 27-1-30-4) on a group basis.
(5) A purchase of cyber liability insurance under subsection (b).
(6) The purchase of insurance required by the federal government in connection with the use of federal land for the state's wireless public safety voice and data communications system.
[Pre-1998 Recodification Citation: 34-4-16.5-18.]
As added by P.L.1-1998, SEC.8. Amended by P.L.192-2001, SEC.3; P.L.35-2012, SEC.106; P.L.148-2017, SEC.21; P.L.108-2019, SEC.241.
