Iowa Code

Iowa Code § 670.7 (2026)

Insurance

✓ current as of July 2026
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1. The governing body of a municipality may purchase a policy of liability insurance insuring against all or any part of liability which might be incurred by the municipality or its officers, employees, and agents under section 670.2 and section 670.8 and may similarly purchase insurance covering torts specified in section 670.4. The governing body of a municipality may adopt a self-insurance program, including but not limited to the investigation and defense of claims, the establishment of a reserve fund for claims, the payment of claims, and the administration and management of the self-insurance program, to cover all or any part of the liability. The governing body of a municipality may join and pay funds into a local government risk pool to protect the municipality against any or all liability, loss of property, or any other risk associated with the operation of the municipality. The governing body of a municipality may enter into insurance agreements obligating the municipality to make payments beyond its current budget year to provide or procure the policies of insurance, self-insurance program, or local government risk pool. The premium costs of the insurance, the costs of a self-insurance program, the costs of a local government risk pool, and the amounts payable under the insurance agreements may be paid out of the general fund or any available funds or may be levied in excess of any tax limitation imposed by statute. However, for school districts, the costs shall be included in the district management levy as provided in section 296.7 if the district has certified a district management levy. If the district has not certified a district management levy, the cost shall be paid from the general fund. Any independent or autonomous board or commission in the municipality having authority to disburse funds for a particular municipal function without approval of the governing body may similarly enter into insurance agreements, procure liability insurance, adopt a self-insurance program, or join a local government risk pool within the field of its operation.

2. The procurement of this insurance constitutes a waiver of the defense of governmental immunity as to those exceptions listed in section 670.4 to the extent stated in the policy but shall have no further effect on the liability of the municipality beyond the scope of this chapter, but if a municipality adopts a self-insurance program or joins and pays funds into a local government risk pool the action does not constitute a waiver of the defense of governmental immunity as to the exceptions listed in section 670.4.

3. The existence of any insurance which covers in whole or in part any judgment or award which may be rendered in favor of the plaintiff, or lack of any such insurance, shall not be material in the trial of any action brought against the governing body of a municipality, or its officers, employees, or agents, and any reference to such insurance, or lack of insurance, is grounds for a mistrial. A self-insurance program or local government risk pool is not insurance and is not subject to regulation under chapters 505 through 523C.

4. The association of Iowa fairs or a fair as defined in section 174.1 and a library district established pursuant to section 336.2 shall each be deemed a municipality as defined in this chapter only for the purpose of joining a local government risk pool as provided in this section. [C71, 73, 75, 77, 79, 81, §613A.7] 86 Acts, ch 1211, §34; 89 Acts, ch 135, §123 C93, §670.7 94 Acts, ch 1175, §17; 2008 Acts, ch 1139, §3; 2008 Acts, ch 1191, §132; 2018 Acts, ch 1145, §1 – 3 Referred to in §174.8A, 285.10 \n

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1996–2024 · leading case: City of West Branch v. Miller, 546 N.W.2d 598 (Iowa 1996).
City of West Branch v. Miller, 546 N.W.2d 598 (Iowa 1996). · cites it 36× “See Iowa Code § 670.7 (“[I]f a municipality adopts a self-insurance program or joins and pays funds into a local government risk pool such action does not constitute a waiver of the defense of governmental immunity as to the exceptions listed in section 670.”
Auditor of the State of Iowa, Rob Sand v. An Unnamed Local Gov't Risk Pool (Iowa 2023). · cites it 18× “We hold that ICAP, a local government risk pool organized as an unincorporated nonprofit association under Iowa Code 670.7, is not an entity organized under chapter 28E and is thus not a governmental subdivision over which the state auditor has statutory authority.”
Dr. Allen Diercks v. The City of Bettendorf, Iowa, & Kristine Stone (Iowa Ct. App. 2019). · cites it 8× “The Iowa Communities Assurance Pool (ICAP) is a government risk pool as allowed under Iowa Code section 670.7. Bettendorf entered into a contract with ICAP and has paid ICAP for the defense of tort claims against the City.”
Boggess v. Waterloo (N.D. Iowa 2024). · cites it 2× “4A13 and the City retains governmental immunity from tort claims under Iowa Code § 670.7 (2). 13 This statute provides that “an employee or officer subject to a claim brought under this chapter shall not be liable for monetary damages if .”
— Iowa Code § 670.7(1) — 2 cases
Auditor of the State of Iowa, Rob Sand v. An Unnamed Local Gov't Risk Pool (Iowa 2023). “We hold that ICAP, a local government risk pool organized as an unincorporated nonprofit association under Iowa Code 670.7, is not an entity organized under chapter 28E and is thus not a governmental subdivision over which the state auditor has statutory authority.”
Dr. Allen Diercks v. The City of Bettendorf, Iowa, & Kristine Stone (Iowa Ct. App. 2019). “The Iowa Communities Assurance Pool (ICAP) is a government risk pool as allowed under Iowa Code section 670.7. Bettendorf entered into a contract with ICAP and has paid ICAP for the defense of tort claims against the City.”
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