Each board of education may set aside funds to provide for liability and indemnity
insurance against the negligence of the drivers or operators of school buses, other motor
vehicles, and mobile equipment owned or operated by the board. If the transportation of
pupils is let out under contract, the contract shall require the contractor to carry indemnity
or liability insurance against negligence in such amount as the board designates. In either
case, the indemnity bond or insurance policy shall be issued by some surety or insurance
company authorized to transact business in this state, and shall bind the company to pay
any final judgment, not to exceed the limits of the policy, rendered against the insured for
loss or damage to property of any school child or death or injury of any school child or
other person.
Effective: July 13, 1990
History: Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 436, effective July
13, 1990. -- Amended 1960 Ky. Acts ch. 97, sec. 1, effective June 16, 1960. --
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
secs. 4399-20a, 4399-20b.
Legislative Research Commission Note (6/24/2015). This statute was amended by 2015
Ky. Acts chs. 57 and 106 (HB 117 and HB 525, respectively), which are in conflict.
The later-passed bill, HB 525, prevails in the event of a conflict. In this case, HB 525
reversed the amendments made to this statute in HB 117, resulting in no change
being made to this statute in the 2015 Regular Session.
Notes of Decisions
Grayson Cnty. Bd. of Educ. v. Casey, 157 S.W.3d 201 (Ky. 2005).
· cites it 13× “However, the Court of Appeals also held that “by overwhelming implication,” KRS 160.310 constitutes a partial waiver of the governmental immunity of boards of education to the extent of the policy limits of any liability insurance policy purchased under the authority of that…”
Bd. of Educ. of Rockcastle Cnty. v. Kirby, 926 S.W.2d 455 (Ky. 1996).
· cites it 18× “160(1) and whether KRS 160.310 and KRS 160.160, together with the purchase of insurance, constitute a waiver of the sovereign immunity of the school board to the extent of the insurance coverage.”
Reyes v. Hardin Cnty., 55 S.W.3d 337 (Ky. 2001).
· cites it 4× “”), and KRS 160.310 (“Each board of education may set aside funds to provide for liability and indemnity insurance.”
Jones v. Cross, 260 S.W.3d 343 (Ky. 2008).
· cites it 2× “310, a provision authorizing boards of education to insure against the negligence of school bus drivers, failed the Withers test despite expressly requiring that insurance policies issued pursuant to the statute "shall bind the company to pay any final judgment rendered against…”
Upchurch v. Clinton Cnty., 330 S.W.2d 428 (Ky. Ct. App. 1959).
· cites it 2× “Judgment was recovered against the school bus ■driver for damages growing out of the fatal injury of a person who was a passenger in a car with which the school bus collided when the latter was making a regular run. After an execution was issued on the judgment against the…”
Cullinan v. Jefferson Cnty., 418 S.W.2d 407 (Ky. Ct. App. 1967).
· cites it 2× “Similar relief has been authorized by KRS 160.310 against the negligence of drivers or operators of school buses, other motor vehicles, and motor equipment owned or operated by a board of education.”
Chambers v. Ideal Pure Milk Co., 245 S.W.2d 589 (Ky. Ct. App. 1952).
“1333 , where this court interpreted KRS 160.310 which authorized county school boards to procure “liability and indemnity insurance against the negligence of the drivers or operators of school buses owned or operated by the board.”
Taylor v. Knox Cnty. Bd. of Educ., 167 S.W.2d 700 (Ky. Ct. App. 1942).
“This act, as now compiled in KRS 160.310, reads: “Each board of education may set aside funds to provide for liability and indemnity insurance against the negligence of the drivers or operators of school busses owned or operated by the board.”
Kirkpatrick's Adm'x (Bronaugh) v. Murray, 172 S.W.2d 591 (Ky. Ct. App. 1943).
· cites it 6× “This case presents the question as to the individual liability of the members of a county board of education and a, county superintendent for their failure to require a private school bus operator to carry liability insurance as provided in'KRS 160.310. This section of the…”
Brooks v. Clark Cnty., 180 S.W.2d 300 (Ky. Ct. App. 1944).
· cites it 2× “In support of this argument it is urged that-it is in line with public policy that insurance of this nature be procured by governmental subdivisions and that such policy is evidenced by KRS 160.310 providing for the purchase of such insurance by school boards and by KRS 67.”
Stand. Acc. Ins. Co. v. Perry Cnty. Bd. of Educ., 72 F. Supp. 142 (E.D. Ky. 1947).
· cites it 2× “The expenditure of public funds for the procurement of insurance against the negligence of the drivers or operators of school busses owned and operated by Boards of Education of the Counties of Kentucky is authorized by section 160.”
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.