O.C.G.A. § 50-21-37 (2019)
Hold harmless and indemnification agreements
(a) If a state government entity enters into or is the beneficiary of any agreement under which a third party agrees to hold a state government entity or the State Tort Claims Trust Fund harmless or to indemnify a state government entity or the State Tort Claims Trust Fund, or to provide insurance for those purposes, then the third party or the insurer, as the case may be, shall be liable to the State Tort Claims Trust Fund in accordance with such agreement or contract of insurance, for reimbursement of the amount of any disbursements from the State Tort Claims Trust Fund in satisfaction of any liability, whether established by judgment or settlement in accordance with this article, to the extent of the hold harmless obligation or requirement to procure insurance undertaken under such agreement or contract of insurance obtained pursuant to such agreement. The liability limits specified under Code Section 50-21-29 shall not be increased by the existence of hold harmless or indemnity obligations in such contractual agreements or by the obligation to procure insurance for such purposes or by the limits set forth in any such contractual agreement or contract of insurance procured pursuant thereto.
(b) No policy of insurance shall be delivered in this state which negates the provisions of this Code section or which provides that the limits of the policy are excess over amounts payable from the State Tort Claims Trust Fund under this Code section.
History
Code 1981, § 50-21-37, enacted by Ga. L. 1994, p. 1717, § 13.
Annotations
JUDICIAL DECISIONS Cited in Considine v. Murphy, 297 Ga. 164, 773 S.E.2d 176 (2015).
CHAPTER 22 MANAGERIAL CONTROL OVER ACQUISITION OF PROFESSIONAL SERVICES Sec.
Purpose and policy. Definitions. Public notice of proposed project requiring professional services. Submission of information to state agency by persons desiring to provide professional services; preliminary selections. Final selection of professional by other than contract negotiations [Repealed].
Code Commission notes. - Ga. L. 1982, p. 2261, § 1 added a ‘‘Chapter 21’’ to this title, relating to the Georgia Commission on State Growth Policy. That chapter was unofficially designated ‘‘Chapter 22’’ owing to the earlier enactment of a Chapter 21 by Ga. L. 1982, p. 495, § 2. The Code sections enacted by Ga. L. 1982, p. 2261, § 1 were then officially redesig-
Sec.
Selection of professional through contract negotiations; contractual prohibition against contingent fees; right to terminate contract. Exemptions from requirements; construction with Code Section 50-6-25. Rules and regulations. Waiver of chapter requirements in emergencies.
nated as Code Sections 50-12-130 through 50-12-137 and placed in a new Article 8 of Chapter 12 of this title by Ga. L. 1983, p. 3, § 39. Former Code Sections 50-12-130 through 50-12-137 were repealed pursuant to the terms of former Code Section 50-12-137, which provided for repeal on June 30, 1985.
RESEARCH REFERENCES Am. Jur. 2d. - 64 Am. Jur. 2d, Public Works and Contracts, § 33.
C.J.S. - 73A C.J.S., Public Contracts, § 15.