Code of Alabama
Ala. Code § 11-47-24 (2026)
Government Agency Required to Provide Defense Counsel to Any Employee Sued for Damages Arising Out of Performance of Official Duties; Municipal Corporation Authorized to Obtain Liability Insurance.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) Whenever any employee of a municipal corporation of the State of Alabama shall be sued for damages arising out of the performance of his official duties, and while operating a motor vehicle or equipment engaged in the course of his employment, such government agency shall be authorized and required to provide defense counsel for such employees in such suit and to indemnify him from any judgment rendered against him in such suit. In no event shall a municipal corporation of the state be required to provide defense and indemnity for employees who may be sued for damages arising out of actions which were either intentional or willful or wanton.
(b) All municipal corporations of the State of Alabama are hereby authorized to contract at governmental expense for policies of liability insurance to protect employees in the course of their employment.
(Acts 1988, No. 88-657, p. 1055.)
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1999–2025 · leading case: City of Prattville v. Corley, 892 So. 2d 845 (Ala. 2003).
City of Prattville v. Corley, 892 So. 2d 845 (Ala. 2003). “Code 1975, merely clarifies that the caps on liability provided in § 11-93-2 also apply to limit a municipality's liability when § 11-47-190 or § 11-47-24 require a municipality to indemnify a third party).”
Suttles v. Roy, 75 So. 3d 90 (Ala. 2010). “However, the plaintiff argued that § 11-47-24 required the City to indemnify its employee and that there was no limitation on the amount of indemnity provided by that Code section; thus, the plaintiff argued, the City was responsible for the entire amount of the $1,600,000…”
Alabama Mun. Ins. Corp. v. Willie Allen, 164 So. 3d 568 (Ala. 2014). “Code 1975, read in conjunction with the indemnification provisions of § 11-47-24, Ala. Code 1975, applied because he was on duty when the accident occurred.”
Oladeinde v. City of Birmingham, 118 F. Supp. 2d 1200 (N.D. Ala. 1999). “The indemnity statute, Ala.Code § 11-47-24, provides, in pertinent part: Whenever any employee of a municipal corporation of the State of Alabama shall be sued for damages arising out of the performance of his official duties, .”
Smitherman v. Marshall Cnty. Com'n, 746 So. 2d 1001 (Ala. 1999). “1995), however, this Court considered the effect of § 11-93-2 in a case where a judgment is entered against a city and its employees and where the city is required to indemnify the employees under § 11-47-24, Ala.”
Morrow v. Caldwell ex rel. Russell, 153 So. 3d 764 (Ala. 2014). “by way of indemnity under Section 11-47-24” that arise from judgments against “dny officer or officers, or employee or employees, or agents” of a municipality.”
State Farm Mut. Auto. Ins. v. Causey, 509 F. Supp. 2d 1026 (M.D. Ala. 2007). “However, no recovery may be had under any judgment or combination of judgments, whether direct or by way of indemnity under Section 11-47-24, or otherwise, arising out of a single occurrence, against a municipality, and/or any officer or officers, or employee or employees, or…”
Gibson v. Birmingham City Schs. (N.D. Ala. 2020). “She also asserts that the City of Birmingham can face liability on her state law claims under Ala. Code § 11-47-24 . In reply, the Defendants argue that Ms.”
Ex parte City of Montgomery PETITION FOR WRIT OF MANDAMUS (In re: Jessica De' Andrea v. City of Montgomery) (Montgomery Circuit Court: CV-23-900972). (Ala. 2025). “However, no recovery may be had under any judgment or combination of judgments, whether direct or by way of indemnity under Section 11-47-24, [Ala. Code 1975,] or otherwise, arising out of a single occurrence, against a municipality, and/or any officer or officers, or employee…”
— Ala. Code § 11-47-24(a) — 1 case
Alabama Mun. Ins. Corp. v. Willie Allen, 164 So. 3d 568 (Ala. 2014). “Code 1975, read in conjunction with the indemnification provisions of § 11-47-24, Ala. Code 1975, applied because he was on duty when the accident occurred.”
— Ala. Code § 11-47-24(b) — 1 case
Alabama Mun. Ins. Corp. v. Willie Allen, 164 So. 3d 568 (Ala. 2014). “Code 1975, read in conjunction with the indemnification provisions of § 11-47-24, Ala. Code 1975, applied because he was on duty when the accident occurred.”
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