As Amended
SEC. 21-15-6. Purchase of general liability insurance coverage; effect on municipal liability.
[Until October 1, 1993, Section 21-15-6 shall read as follows:] Municipalities are hereby authorized, in the discretion of the governing authorities, to purchase general liability insurance coverage, including errors and omissions insurance for municipal officials and municipal employees.
Nothing contained herein shall be considered as a waiver of immunity in whole or in part as to any governmental function attempted or undertaken by the municipality except that where the municipality has liability insurance coverage as to any action brought against it, then such action may be maintained against such municipality, but any recovery in such action shall be limited solely to the proceeds of any such liability insurance coverage and a judgment creditor shall have recourse only to the proceeds of such liability insurance coverage. Any judgment rendered in excess of the limits of such insurance shall, on motion of the court, be reduced as to the municipality to the amount of said liability insurance coverage but not as to any joint tort-feasor, if any. 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 that may be rendered against any municipality.
[From and after October 1, 1993, Section 21-15-6 shall read as follows:] Municipalities are hereby authorized, in the discretion of the governing authorities, to purchase errors and omissions insurance for municipal officials and municipal employees.
SOURCES: Laws, 1976, ch. 334; 1977, ch. 490; 1985, ch. 474, Sec. 45; 1986, ch. 438, Sec. 9; 1987, ch. 483, Sec. 15; 1988, ch. 442, Sec. 12; 1989, ch. 537, Sec. 11; 1990, ch. 518, Sec. 12, eff from and after passage (approved April 2, 1990). Laws, 1991, ch. 618, Sec. 11; 1992, ch. 491 Sec. 12, eff from and after passage (approved May 12, 1992).