2006 Utah Code - 32A-1-118 — Liability insurance -- Governmental immunity.

     32A-1-118.   Liability insurance -- Governmental immunity.
     (1) The department shall maintain insurance against loss on each motor vehicle operated by it on any public highway. Each motor vehicle shall be covered for:
     (a) any liability imposed by law upon the department for damages from bodily injuries suffered by any person or persons by reason of the ownership, maintenance, or use of the motor vehicle; and
     (b) any liability or loss from damage to or destruction of property of any description, including liability of the department for the resultant loss of use of the property, which results from accident due to the ownership, maintenance, or use of the motor vehicle.
     (2) The department is liable to respond in damages in all cases if a private corporation under the same circumstances would be liable.
     (3) The provisions of Title 63, Chapter 30d, Governmental Immunity Act of Utah, apply in all actions commenced against the department in any action for damages sustained as a result of department ownership, maintenance, or use of motor vehicles under Subsections (1) and (2). Immunity from suit against the commission or any member of the commission, is in all respects retained in any such action.

Amended by Chapter 102, 2005 General Session