Cal. Codes » Government Code / TITLE 1. GENERAL / DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES / PART 6. INSURANCE
California Codes

Cal. Government Code § 990.8 (2026)

Insurance

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(a)(1)Any of the following may provide insurance authorized by this part or for any other purpose by any one or more of the methods specified in Section 990.4 by a joint powers agreement made pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7:

(A)Two or more local public entities.

(B)A mutual water company and a public agency, as authorized under subdivision (b) of Section 6525.

(C)A water corporation, a mutual water company, and one or more public agencies, as authorized under subdivision (b) of Section 6525.

(2)If two or more hospital districts have joined together to pool their self-insurance claims or losses, any nonprofit corporation created pursuant to subdivision (p) of Section 32121 of the Health and Safety Code, and affiliated with a hospital district that is a party to the pool may participate in the pool.

(b)Two or more local public entities having the same governing board, a mutual water company and a public agency, or a water corporation, a mutual water company, and one or more public agencies, as authorized under subdivision (b) of Section 6525, may be coinsured under a master policy and the total premium may be prorated among those entities.

(c)The pooling of self-insured claims or losses among entities as authorized in subdivision (a) of Section 990.4 shall not be considered insurance nor be subject to regulation under the Insurance Code.

(d)Any liability or loss under a joint powers agreement for the pooling of self-insured claims or losses authorized by this part and provided pursuant to this section may, notwithstanding Section 620 of the Insurance Code or any other provision of law, be reinsured to the same extent and the same manner as insurance provided by an insurer.

(e)If a joint powers agreement authorized by this part or authorized pursuant to Section 6516 provides for the pooling of self-insured claims or losses among entities, if any peril insured or covered under contract has existed, and the joint powers authority or other parties to the pool have been liable for any period, however short, the agreement may provide that the party insured or covered under contract is not entitled to the return of premiums, contributions, payments, or advances so far as that particular risk is concerned.

(f)For purposes of this section:

(1)“Mutual water company” has the same meaning as defined in Section 14300 of the Corporations Code.

(2)“Water corporation” has the same meaning as defined in Section 241 of the Public Utilities Code.

Notes of Decisions
Cited in 6 cases, 1995–2015 · leading case: Fort Bragg Unified Sch. Dist. v. Colonial Am. Cas. & Sur. Co., 194 Cal. App. 4th 891 (Cal. Ct. App. 2011).
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Fort Bragg Unified Sch. Dist. v. Colonial Am. Cas. & Sur. Co., 194 Cal. App. 4th 891 (Cal. Ct. App. 2011). “The application of the District’s primary and excess coverage were also governed by a memorandum spelling out the scope of claims and losses covered and the rights and duties of the members and NCR with respect to claims.”
Southgate Rec. & Park Dist. v. California Ass'n for Park & Rec. Ins., 106 Cal. App. 4th 293 (Cal. Ct. App. 2003). “774-775, 777-778; Gov. Code, § 990.8, subd. (c).) In recognition of this, questions of defense and coverage are *298 answered by relying on rules of contract law that emphasize the parties’ intent.”
City of South El Monte v. S. California Jt. Powers Ins. Auth., 38 Cal. App. 4th 1629 (Cal. Ct. App. 1995). · cites it 2× “Government Code Section 990.8, Subdivision (c) The legislative response to the municipal insurance crisis and implementation of the pooling arrangement was Senate Bill No.”
Schs. Excess Liab. Fund v. Westchester Fire Ins., 117 Cal. App. 4th 1275 (Cal. Ct. App. 2004). · cites it 2× “Because the statutes authorizing creation of public *1286 entity self-insurance pools specifically provide such arrangements are not to be considered insurance (Gov. Code, § 990.8, subd. (c)), we conclude the ‘other insurance’ clause is not applicable and affirm the judgment.”
Orange Cty. Water Dist. v. Ass'n of Cal. Water Agencies Jt. Powers Ins. Auth., 54 Cal. App. 4th 772 (Cal. Ct. App. 1997). “Because the statutes authorizing creation of public entity self-insurance pools specifically provide such arrangements are not to be considered insurance (Gov. Code, § 990.8, subd. (c)), 1 we conclude the “other insurance” clause is not applicable and affirm the judgment.”
P. ex rel. Alzayat v. Hebb, No. E060593 (Cal. Ct. App. Dec. 17, 2015). “In short, SunLine’s authorization to self-insure for workers’ compensation claims arose under Labor Code section 3700, not Government Code section 990.4, and Government Code section 990.”
Cal. Government Code § 990.8(c): 1 case
Fort Bragg Unified Sch. Dist. v. Colonial Am. Cas. & Sur. Co., 194 Cal. App. 4th 891 (Cal. Ct. App. 2011). “The application of the District’s primary and excess coverage were also governed by a memorandum spelling out the scope of claims and losses covered and the rights and duties of the members and NCR with respect to claims.”
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