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2018 Georgia Code 50-21-37 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 50-21-37 Case Law from Google Scholar Amendments to OCGA 50-21-37

TITLE 50 STATE GOVERNMENT

Section 21. Waiver of Sovereign Immunity as to Actions Ex Contractu; State Tort Claims, 50-21-1 through 50-21-37.

ARTICLE 2 STATE TORT CLAIMS

50-21-37. Hold harmless and indemnification agreements.

  1. 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 specifiedunder 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.
  2. 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.

(Code 1981, §50-21-37, enacted by Ga. L. 1994, p. 1717, § 13.)

JUDICIAL DECISIONS

Cited in Considine v. Murphy, 297 Ga. 164, 773 S.E.2d 176 (2015).

Cases Citing O.C.G.A. § 50-21-37

Total Results: 9  |  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

...The sovereign immunity of the state and its departments and agencies can only be waived by an Act of the General Assembly which specifically provides that sovereign immunity is thereby waived and the extent of such waiver. The Georgia Tort Claims Act, OCGA §§ 50-21-20 to 50-21-37, was subsequently enacted to waive the sovereign immunity of the state for the torts of its officers and employees but expressly excludes counties from the ambit of this waiver....
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Georgia Dep't of Corr. v. Couch, 295 Ga. 469 (Ga. 2014).

Cited 63 times | Published | Supreme Court of Georgia | Jun 16, 2014 | 759 S.E.2d 804, 2014 Fulton County D. Rep. 1524

...nity is thereby waived and the extent of such waiver. Ga. Const. of 1983, Art. I, Sec. II, Par. IX. To accompany the 1991 constitutional amendment, the General Assembly enacted the Georgia Tort Claims Act (GTCA), OCGA §§ 50-21-20 to 50-21-37, which waives sovereign immunity in the following terms: 7 (a) The state waives its sovereign immunity for the torts of state officers and employees while acting within the scope of t...
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Miller v. Georgia Ports Auth., 470 S.E.2d 426 (Ga. 1996).

Cited 47 times | Published | Supreme Court of Georgia | Apr 16, 1996 | 266 Ga. 586, 96 Fulton County D. Rep. 1389

...Art. I, Sec. II, Par. IX(e) of the 1983 Georgia Constitution. It follows that, in my opinion, the judgment of the Court of Appeals should be reversed. I am authorized to state that Justice SEARS joins in this dissent. NOTES [1] OCGA §§ 50-21-20 to 50-21-37 (1994)....
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McConnell v. Dep't of Labor, 302 Ga. 18 (Ga. 2017).

Cited 44 times | Published | Supreme Court of Georgia | Sep 13, 2017 | 805 S.E.2d 79

...nd the extent of such waiver. Ga. Const. of 1983, Art. I, Sec. II, Par. IX (e). McConnell contends that sovereign immunity for the specific types of claims he is making has been waived pursuant to the Georgia Tort Claims Act, OCGA §§ 50-21-20 to 50-21-37.
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Hartley v. Agnes Scott Coll., 295 Ga. 458 (Ga. 2014).

Cited 25 times | Published | Supreme Court of Georgia | Jun 16, 2014 | 759 S.E.2d 857, 2014 Fulton County D. Rep. 1513

...AGNES SCOTT COLLEGE et al. NAHMIAS, Justice. We granted certiorari to decide whether a campus police officer employed by a private college qualifies as a “state officer or employee” who may assert immunity from tort suits under the Georgia Tort Claims Act (GTCA), OCGA §§ 50-21-20 to 50-21-37....
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Considine v. Murphy, 297 Ga. 164 (Ga. 2015).

Cited 14 times | Published | Supreme Court of Georgia | Jun 1, 2015 | 773 S.E.2d 176

...simply “an extension of the court.” West End Warehouses, Inc. v. Dunlap, 141 Ga. App. 333, 333 10 immunity,5 or by statutory immunity under the Georgia Tort Claims Act (GTCA), OCGA §§ 50-21-20 to 50-21-37.6 Given our conclusion that this case (233 SE2d 284) (1977) (holding that special masters are entitled to judicial immunity)....
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Henderson v. Dep't of Transp., 475 S.E.2d 614 (Ga. 1996).

Cited 11 times | Published | Supreme Court of Georgia | Sep 9, 1996 | 267 Ga. 90, 96 Fulton County D. Rep. 3213

...itutionally be applied retroactively. [11] For this reason, we affirm the trial court's judgment. Judgment affirmed. All the Justices concur. NOTES [1] The Tort Claims Act is set forth in Article 2 of Chapter 21 of Title 50, OCGA § 50-21-20 to OCGA § 50-21-37....
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Georgia Pines Cmty. Serv. Bd. v. Summerlin, 647 S.E.2d 566 (Ga. 2007).

Cited 9 times | Published | Supreme Court of Georgia | Jun 29, 2007 | 282 Ga. 339, 2007 Fulton County D. Rep. 2068

...work of the GTCA simply does not comport with the Legislative intent that the GTCA be allowed to stand on its own terms wherever possible. I am authorized to state that Justice HINES joins in this special concurrence. NOTES [1] OCGA §§ 50-21-20 to 50-21-37....

Considine v. Murphy (Ga. 2015).

Published | Supreme Court of Georgia | Jun 1, 2015 | 282 Ga. 339, 2007 Fulton County D. Rep. 2068

...1985) (recognizing federal judicial immunity for court-appointed receivers for acts within the scope of their appointed 10 immunity,5 or by statutory immunity under the Georgia Tort Claims Act (GTCA), OCGA §§ 50-21-20 to 50-21-37.6 Given our conclusion that this case authority)....