As Amended
SEC. 11-46-16. Authority to purchase liability insurance; waiver of immunity to extent of insurance coverage.
(1) Any governmental entity, in the discretion of its governing authorities, may purchase and maintain liability insurance to cover wrongful or tortious acts or omissions of such governmental entity or its employees. The authority granted under this subsection (1) shall not affect any similar authority of any governmental entity that is specifically granted by another statute, but any governmental entity having such authority pursuant to another statute shall be governed by that statute and shall be subject to all conditions, restrictions, limitations and provisions of the statute that applies specifically to that governmental entity.
(2) If any governmental entity has in effect liability insurance to cover wrongful or tortious acts or omissions of such governmental entity or its employees, such governmental entity may be sued by anyone affected to the extent of such insurance carried; however, except as otherwise provided in subsection (3) of this section, immunity from suit is only waived to the extent of such liability insurance carried and a judgment creditor shall have recourse only to the proceeds or right to proceeds of such liability insurance. No attempt shall be made in the trial of any case to suggest the existence of any insurance which covers in whole or in part any judgment or award rendered in favor of a claimant, but if the verdict rendered by the jury exceeds the limit of applicable insurance, the court, on motion, shall reduce the amount of the judgment as against the governmental entity only and not as to joint tort-feasors, if any, to a sum equal to the applicable limit stated in the insurance policy.
(3) Except as otherwise provided in Section 19-7-8, Mississippi Code of 1972, a governmental entity which has in effect liability insurance to cover wrongful or tortious acts or omissions of such governmental entity or its employees may, in its discretion, pay any amount of a claim that is within the deductible amount, if any, contained in such liability insurance policy. The determination of whether funds are available to pay any claim that is within the deductible amount and whether to pay a claim in any event shall be within the sole and exclusive discretion of the governmental entity. The authority granted to governmental entities under this subsection does not create a right in any claimant to demand or receive compensation for a claim; and nothing in this subsection shall be considered as a waiver of the immunity granted under Section 11-46-3. The provisions of this subsection only extend to governmental entities the discretionary authority to pay claims that otherwise would not be authorized without an act of the Legislature.
(4) The provisions of this section shall be of no force or effect from and after July l, 1993, as to the state and, from and after October l, 1993, shall be of no force or effect as to political subdivisions.
SOURCES: Laws, 1990, ch. 518, Sec. 6; 1992, ch. 491 Sec. 7; 1992 Special Session, ch. 3, Sec. 3, eff from and after passage (approved September 16, 1992).