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2018 Georgia Code 36-85-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-85-1 Case Law from Google Scholar Amendments to OCGA 36-85-1

TITLE 36 LOCAL GOVERNMENT

Chapter 85 information not found

ARTICLE 11 INTEREST RATE MANAGEMENT AGREEMENTS

36-85-1. Definitions.

As used in this chapter, the term:

  1. "Administrator" means any person who administers a group self-insurance fund other than the interlocal risk management agency.
  2. "Commissioner" means the Commissioner of Insurance.
  3. "County" means any county of the State of Georgia. Such term shall include any public authority, commission, board, or similar agency which is created by local or general Act of the General Assembly and which carries out its functions on a county-wide basis or wholly within the unincorporated area of a county. The term shall also include any such body which is created or activated by a resolution or ordinance of the governing body of the county individually or jointly with other political subdivisions of the state.
  4. "General liability" means liability for bodily injury, death, or damage to property owned by others to which a municipality or county may be subject either directly or by reason of liability arising out of an act, error, or omission of its employee, agent, or officer in the course and scope of employment.
  5. "Governing authority" means the body which exercises the legislative functions of the municipality or county.
  6. "Group self-insurance fund" or "fund" means a pool of public moneys established by an interlocal risk management agency from contributions of its members in order to pool the risks of accident, disability, supplemental medical, general liability, motor vehicle liability, property damage, or any combination of such risks.
  7. "Interlocal risk management agency" or "agency" means an association formed by municipalities or counties by the execution of an intergovernmental contract for the development and administration of an interlocal risk management program and one or more group self-insurance funds.
  8. "Interlocal risk management program" means a plan and activities carried out under such plan by an interlocal risk management agency to reduce risk of loss on account of accident, disability, supplemental medical, general liability, motor vehicle liability, or property damage, including safety engineering and other loss prevention and control techniques, and to administer one or more group self-insurance funds, including the processing and defense of claims brought against members of the agency.
  9. "Motor vehicle liability" means liability to which a municipality or county may be subject either directly or by reason of liability arising out of the use of a motor vehicle by its employee, agent, or officer in the course and scope of employment. Said term shall also include loss on account of property damage to motor vehicles.
  10. "Municipality" means a municipal corporation of the State of Georgia. Such term shall include any public authority, commission, board, or similar agency which is created by general or local Act of the General Assembly and which carries out its functions wholly or partly within the boundaries of the municipality. The term shall also include such bodies which are created or activated by an ordinance or resolution of the governing body of the municipality individually or jointly with other political subdivisions of the state.The term shall also include any independent school system of this state which elects to participate in the interlocal risk management agency comprised of municipalities; provided, however, such independent school system must have a full-time equivalent student count of at least 2,800 in order to elect to become a member of the interlocal risk management agency comprised of municipalities.
  11. "Property damage" means loss to which a municipality or county may be subject by reason of physical damage or destruction to real or personal property owned or leased by such municipality or county.

(Code 1981, §36-85-1, enacted by Ga. L. 1986, p. 1496, § 1; Ga. L. 1987, p. 1454, § 1; Ga. L. 1991, p. 717, § 2; Ga. L. 2017, p. 336, § 2/HB 146.)

The 2017 amendment, effective January 1, 2018, inserted "accident, disability, supplemental medical," in the middle of paragraphs (6) and (8).

Law reviews.

- For annual survey of law of torts, see 44 Mercer L. Rev. 375 (1992). For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006).

JUDICIAL DECISIONS

Respondeat superior principles used to analyze coverage question.

- Respondeat superior principles were used to analyze a coverage question under a Georgia Interlocal Risk Management Agency agreement as the statutory language and coverage language was similar to that used by Georgia courts in applying the theory of respondeat superior. Ga. Interlocal Risk Mgmt. Agency v. Godfrey, 273 Ga. App. 77, 614 S.E.2d 201 (2005).

Police trainee not "member."

- Police trainee was not covered by a Georgia Interlocal Risk Management Agency agreement when the trainee obtained a police car to drive to work the next day, used the car to stop a victim, and robbed and murdered the victim for the purely personal reason of obtaining money to pay a drug dealer. Ga. Interlocal Risk Mgmt. Agency v. Godfrey, 273 Ga. App. 77, 614 S.E.2d 201 (2005).

Cited in CSX Transp., Inc. v. City of Garden City, 196 F. Supp. 2d 1288 (S.D. Ga. 2002).

Cases Citing O.C.G.A. § 36-85-1

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Gilbert v. Richardson, 264 Ga. 744 (Ga. 1994).

Cited 428 times | Published | Supreme Court of Georgia | Nov 21, 1994 | 452 S.E.2d 476, 94 Fulton County D. Rep. 3818

...gislative act waiving sovereign immunity as contemplated by the 1991 amendment. See Ga. Const. of 1983, Art. I, Sec. II, Par. IX (e). 5. The question then becomes whether Walker County's purchase of a GIRMA coverage agreement as authorized by OCGA §§ 36-85-1 to 36-85-20 constitutes the purchase of liability insurance....
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Hiers v. City of Barwick, 414 S.E.2d 647 (Ga. 1992).

Cited 37 times | Published | Supreme Court of Georgia | Mar 19, 1992 | 262 Ga. 129

...The City and Chief of Police raised the defense of sovereign *130 immunity. The Hierses asserted that immunity was waived to the extent of liability insurance. At the time of the accident the City was a member of the Georgia Interlocal Risk Management Agency (GIRMA), created pursuant to OCGA § 36-85-1 et seq....
...t waiver. Because this suit was filed before the effective date of the constitutional amendment, the new constitutional amendment does not apply. Id. 2. The next question before the court is whether the City's participation in GIRMA, created by OCGA § 36-85-1 et seq., constitutes a waiver of sovereign immunity....
...waiver in Art. I, Sec. II, Par. IX of the 1983 Constitution. Price v. Dept. of Transp., supra, 257 Ga. 536, n. 1. Here, both the insurance waiver and the preservation of immunity are found in separate statutes. Thus, participation in the GIRMA, OCGA § 36-85-1 et seq., is not in conflict with a constitutional provision and there is no waiver of the city's immunity....
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CSX Transp., Inc. v. City of Garden City, 588 S.E.2d 688 (Ga. 2003).

Cited 33 times | Published | Supreme Court of Georgia | Oct 20, 2003 | 277 Ga. 248, 2003 Fulton County D. Rep. 3112

...Under the plain terms of OCGA § 36-33-1, if a municipality purchases liability insurance sovereign immunity is waived only as to those occurrences for which sovereign immunity would apply. We have held that the purchase of a GIRMA coverage agreement as authorized by OCGA § § 36-85-1 to 36-85-20 constitutes the purchase of liability insurance....
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Owens v. City of Greenville, 290 Ga. 557 (Ga. 2012).

Cited 28 times | Published | Supreme Court of Georgia | Feb 27, 2012 | 722 S.E.2d 755, 2012 Fulton County D. Rep. 565

...Any waiver of sovereign immunity “ ‘is solely a matter of legislative grace. (Cit.)’ [Cit.]” Id. at 250. There is no authority for a waiver of sovereign immunity beyond the legislative scheme. Id. And, this Court has consistently held that the purchase of a GIRMA coverage agreement as authorized by OCGA § 36-85-1 et seq., constitutes the purchase of liability insurance for purposes of the waiver of sovereign immunity, and does so to the extent of the liability coverage purchased....
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Godfrey v. Georgia Interlocal Risk Mgmt. Agency, 290 Ga. 211 (Ga. 2011).

Cited 13 times | Published | Supreme Court of Georgia | Oct 17, 2011 | 719 S.E.2d 412, 2011 Fulton County D. Rep. 3162

...d and operated by Hural Henderson, who had $25,000 of motor vehicle liability coverage. The City of Newnan had a Member Coverage Agreement (the “Agreement”) with the Georgia Interlocal Risk Management Agency (“GIRMA”), established under OCGA § 36-85-1 et seq....
...Any waiver of sovereign immunity “ ‘is solely a matter of legislative grace. (Cit.)’ [Cit.]” Id. at 250. There is no authority for a waiver of sovereign immunity beyond the legislative scheme. Id. And, this Court has consistently held that the purchase of a GIRMA coverage agreement as authorized by OCGA § 36-85-1 et seq., constitutes the purchase of liability insurance for purposes of the waiver of sovereign immunity, and does so to the extent of the liability coverage purchased....