O.C.G.A.
O.C.G.A.

O.C.G.A. § 45-9-1 (2019)

General provisions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) In addition to any other compensation which may be paid to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the executive, judicial, or legislative branch of government of this state, each such agency, board, bureau, commission, department, or authority is authorized, in its discretion, to purchase policies of liability insurance or contracts of indemnity or to formulate sound programs of self-insurance utilizing funds available to such agency, board, bureau, commission, department, or authority, insuring or indemnifying such officers, officials, or employees to the extent that they are not immune from liability against personal liability for damages arising out of the performance of their duties or in any way connected therewith. Such policies of liability insurance, contracts of indemnity, or programs of self-insurance may also provide for reimbursement to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of this state for reasonable legal fees and other expenses incurred in the successful defense of any criminal proceeding, including, but not limited to, any criminal

PUBLIC OFFICERS & EMPLOYEES

cause of action, suit, investigation, subpoena, warrant, request for documentation or property, or threat of such action whether formal or informal where such action arises out of the performance of his or her official duties. In addition, in the case of an officer, official, or employee who is required to maintain a professional license, such reimbursement may also be provided for legal fees and other expenses so incurred in the successful defense of a charge arising out of the performance of his or her official duties in proceedings before a professional licensing board, disciplinary board or commission, or other similar body. Legal fees and other expenses shall be subject to adjustment by and the approval of the Attorney General. (b) Such agencies, boards, bureaus, commissions, departments, or authorities may expend federal and state or other available funds for such purposes. The amount of such insurance or indemnity shall also be in the discretion of such agency, board, bureau, commission, department, or authority. (c) For the purpose of this article, the term ‘‘agency’’ shall specifically include, but shall not be limited to, public retirement systems of state-wide application established by the laws of this state, but shall not include counties or municipalities; provided, however, that the employees of community service boards, county departments of health, and county departments of family and children services as well as the members of the boards of said departments shall be considered to be state employees or officials for the purpose of this article. In order to facilitate the administration of liability coverage or other insurance coverages provided the community service boards, the Department of Behavioral Health and Developmental Disabilities shall designate a central office which shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services. In order to facilitate the administration of liability coverage or other insurance coverages provided county departments of family and children services, the Department of Human Services shall designate a central office which shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services. In order to facilitate the administration of liability coverage or other insurance coverages provided county departments of health, the Department of Public Health shall designate a central office which shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services.

History

(Ga. L. 1977, p. 1051, § 1; Ga. L. 1979, p. 674, § 1; Ga. L. 1981, p. 1383, § 1; Ga. L. 1987, p. 993, § 1; Ga. L. 1994, p. 1717, § 3; Ga. L. 2008, p. 230, § 1/SB 175; Ga. L. 2009, p. 453, § 1-49/HB 228; Ga. L. 2011, p. 99, § 85/HB 24; Ga. L. 2011, p. 705, § 6-3/HB 214.)

Annotations

Editor’s notes. - Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that the amendment of this Code section by that Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013. Law reviews. - For article surveying recent legislative and judicial developments regarding Georgia’s insurance laws, see 31 Mercer L. Rev. 117 (1979). For article surveying developments in Georgia insurance law from mid-1980 through

mid-1981, see 33 Mercer L. Rev. 143 (1981). For article, ‘‘The Fall and Rise of Official Immunity,’’ see 25 Ga. St. B.J. 93 (1988). For annual survey of local government law, see 43 Mercer L. Rev. 317 (1991). For article, ‘‘Evidence,’’ see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

JUDICIAL DECISIONS Scope of O.C.G.A. § 45-9-1. - O.C.G.A. § 45-9-1 only authorizes the purchase of liability insurance or formulation of plans of self-insurance to insure public officers or employees of the agency, board, bureau, commission, department, or authority of the state to the extent that they are not immune from liability. The statute does not authorize the purchase of insurance by an agency specifically for the agency as the entity enjoys immunity from suit unless the immunity has been waived. Davis v. State, 211 Ga. App. 285, 439 S.E.2d 40 (1993). O.C.G.A. § 45-9-1 only authorizes the purchase of liability insurance covering agency officers, officials, and employees, and not for the agency itself. Donaldson v. DOT, 212 Ga. App. 240, 441 S.E.2d 473 (1994). O.C.G.A. § 45-9-1(d) does not prohibit discovery by a tort plaintiff of

liability insurance policies purchased by a government agency for its employees. Pate v. Caballero, 253 Ga. 787, 325 S.E.2d 375 (1985). Self-insurance plans. - Under O.C.G.A. § 45-9-1, and O.C.G.A. §§ 45-9-20 and 45-9-21, dealing with liability insurance for government employees and officials, only state self-insurance plans constitute a waiver of sovereign immunity. There is no statutory provision for a county to set up a self-insurance plan. Logue v. Wright, 260 Ga. 206, 392 S.E.2d 235 (1990); Pizza Hut of Am., Inc. v. Hood, 198 Ga. App. 112, 400 S.E.2d 657 (1990), cert. denied, 198 Ga. App. 897, 400 S.E.2d 657 (1991). County hospital authority is not authorized to establish a self-insurance fund. Hospital Auth. v. Litterilla, 199 Ga. App. 345, 404 S.E.2d 796 (1991). Cited in Kurtz v. Williams, 188 Ga. App. 14, 371 S.E.2d 878 (1988).

OPINIONS OF THE ATTORNEY GENERAL Scope of probation supervisors’ liability. - Notwithstanding the waiver of sovereign immunity to the extent of any liability insurance provided, the potential liability of probation supervisors supervising court-ordered community service by probationers (a discretionary function as opposed to a ministerial duty) is only for conduct which is willful, wanton, or outside the scope of authority of the supervisor. 1983 Op. Att’y Gen. No. 83-18.

Payment of attorney’s fees prior to action not authorized. - O.C.G.A. § 45-9-1 does not authorize a public body to pay one of its employees’ attorney’s fees, which were incurred prior to the commencement of a civil, criminal, or quasi-criminal action against the employee arising out of the performance of the employee’s duties. 1995 Op. Att’y Gen. No. 95-38.

PUBLIC OFFICERS & EMPLOYEES

RESEARCH REFERENCES Am. Jur. 2d. - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 186, 187. ALR. - Constitutionality of statute appropriating money to reimburse public officer or employee for money paid or liability incurred by him in consequence of breach of duty, 155 ALR 1438. Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it, 2 ALR3d 822. Personal liability of policeman, sheriff,

or similar peace officer or his bond, for injury suffered as a result of failure to enforce law or arrest lawbreaker, 41 ALR3d 700. Validity and construction of statute authorizing or requiring governmental unit to procure liability insurance covering public officers or employees for liability arising out of performance of public duties, 71 ALR3d 6. Municipal liability for negligent fire inspection and subsequent enforcement, 69 ALR4th 739.

Notes of Decisions
Cited in 20 cases, 1984–2017 · leading case: Logue v. Wright, 392 S.E.2d 235 (Ga. 1990).
Sort: Relevance Newest Treatment
Logue v. Wright, 392 S.E.2d 235 (Ga. 1990). · cites it 24× “damages arising out of the operation of county-owned motor vehicles? If so, what is the effect of a failure to secure such insurance? C) Is the Department of Risk Management of Richmond County, which is budgeted to compensate "claims against the county and its employees for…”
Swofford v. Cooper, 360 S.E.2d 624 (Ga. Ct. App. 1987). · cites it 8× “Pope, J., concurs in judgment only. Beasley, J., concurs in part and dissents in part.”
McCoy v. Georgia Dep't of Admin. Servs., 755 S.E.2d 362 (Ga. Ct. App. 2014). · cites it 8× “It is undisputed that McCoy seeks to enforce a written contract, the Agreement, which the Department and DFCS maintained pursuant to OCGA §§ 45-9-1 (a) and 45-9-4 (a). OCGA § 45-9-1 (a) authorizes DFCS to procure or provide liability insurance “insuring or indemnifying [its…”
State v. Gober, 494 S.E.2d 724 (Ga. Ct. App. 1997). · cites it 12× “) and whether insurance provided pursuant to OCGA § 45-9-1 (c) may cover Judge Gober’s personal liability.”
Key v. Georgia Dep't of Admin. Servs., 798 S.E.2d 37 (Ga. Ct. App. 2017). · cites it 4× “The general liability agreement, attached to the complaint, stated that it was issued pursuant to the authority granted by OCGA § 45-9-1 et seq., to provide coverage to employees of participating state departments.”
Hosp. Auth. of Fulton Cnty. v. Litterilla, 404 S.E.2d 796 (Ga. Ct. App. 1991). · cites it 4× “In Logue , the court reasoned that because the statute authorizing state self-insurance funds expressly excluded counties (OCGA § 45-9-1 (c)), and because the parallel provision authorizing counties to purchase liability insurance did not expressly authorize the establishment of…”
Kurtz v. Williams, 371 S.E.2d 878 (Ga. Ct. App. 1988). · cites it 2× “00 in general damages and $10,000 in exemplary damages.”
Cabellero v. Pate, 320 S.E.2d 197 (Ga. Ct. App. 1984). · cites it 34× “OCGA § 45-9-1 (a) provides in pertinent part as follows: “In addition to any other compensation which may be paid to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of this state, each such agency, board, bureau, commission,…”
Pizza Hut of Am., Inc. v. Hood, 400 S.E.2d 657 (Ga. Ct. App. 1990). · cites it 4× “The Supreme Court has recently held that "under the statutes dealing with liability insurance for government employees and officials [OCGA § 45-9-1 et seq.], only state self-insurance plans will waive sovereign immunity.”
Adams v. Perdue, 405 S.E.2d 305 (Ga. Ct. App. 1991). · cites it 2× “The court concluded that the legislature had authorized municipalities and counties to procure liability insurance covering officers and employees for damages arising out of the performance of their duties, but that OCGA § 45-9-1 had not empowered counties to establish a…”
Donaldson v. Dep't of Transp., 441 S.E.2d 473 (Ga. Ct. App. 1994). · cites it 4× “The plaintiffs contend that the insurance policy in question could reasonably be read to include the DOT as a named insured, relying upon a policy provision that defines an insured as “[a]ny participating entity as authorized by OCGA § 45-9-1 now enacted or hereafter enacted.”
Davis v. State, 439 S.E.2d 40 (Ga. Ct. App. 1993). · cites it 8× “However, the record on review does show DHR participated in a Liability Trust Fund which provided comprehensive liability insurance protection for personal injury, bodily injury, sickness, disease or death caused by or as a result of an error, omission, or negligence of an…”
Show all 20 citing cases →
— 45-9-1(a) — 1 case
State v. Gober, 494 S.E.2d 724 (Ga. Ct. App. 1997). “) and whether insurance provided pursuant to OCGA § 45-9-1 (c) may cover Judge Gober’s personal liability.”
— 45-9-1(c) — 2 cases
State v. Gober, 494 S.E.2d 724 (Ga. Ct. App. 1997). “) and whether insurance provided pursuant to OCGA § 45-9-1 (c) may cover Judge Gober’s personal liability.”
Miller v. Advantage Behavioral Health Sys., 146 F. Supp. 3d 1318 (M.D. Ga. 2015).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.