county containing city of first class.
(1) The fiscal court of each county, except a county containing a city of the first class
may, in its discretion, for the protection of the public and its employees, appropriate
county funds to purchase policies of insurance of all kinds deemed advisable,
covering vehicles operated by the county, and compensation insurance covering
employees of the county receiving injuries arising out of and in the course of
employment.
(2) Suits instituted on such policies may be maintained against the county only for the
purpose of obtaining a judgment which when final shall measure the liability of the
insurance carrier to the injured party for whose benefit the insurance policy was
issued, but not to be enforced or collectible against the county or fiscal court or the
members thereof.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 33, effective January 1, 2015. --
Amended 1944 Ky. Acts ch. 49, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 1840a-1.
Notes of Decisions
Cited in
14
cases (
2 in the last 5 years), 1944–2021 · leading case:
Reyes v. Hardin Cnty., 55 S.W.3d 337 (Ky. 2001).
Reyes v. Hardin Cnty., 55 S.W.3d 337 (Ky. 2001).
· cites it 5× “In 1944, the General Assembly amended KRS 67.180, which authorizes counties to purchase motor vehicle liability and workers’ compensation insurance, to add a new subsection (2) that provides: Suits instituted on such policies may be maintained against the county only for the…”
Grayson Cnty. Bd. of Educ. v. Casey, 157 S.W.3d 201 (Ky. 2005).
· cites it 2× “Compare KRS 67.180(2), expressly authorizing suits against counties having insurance coverage for motor vehicle accidents and workers’ compensation claims: Suits instituted on such policies may be maintained against the county only for the purpose of obtaining a judgment which…”
Cullinan v. Jefferson Cnty., 418 S.W.2d 407 (Ky. Ct. App. 1967).
· cites it 2× “By KRS 67.180, 67.185, and 67.186 the General Assembly has authorized relief against the negligence of county employees in the operation of motor vehicles and hospitals and protection against compensation claims.”
Monroe Cnty. v. Rouse, 274 S.W.2d 477 (Ky. Ct. App. 1954).
· cites it 3× “On July 24, 1951, the fiscal court of Monroe County, pursuant to KRS 67.180, purchased from the Blue Ridge Insurance Company a standard form combination public liability policy insuring the county against public liability that might result from the negligent operation of various…”
Knott Cnty. Fiscal Court v. Amburgey, 439 S.W.3d 754 (Ky. Ct. App. 2013).
· cites it 7× “Amburgey responded that the Fiscal Court did not have sovereign immunity, and even if it did, it had been waived by KRS 67.180. After considering the parties’ arguments, the trial court summarily denied the Fiscal Court’s motion for summary judgment on April 11, 2011.”
Ginter v. Montgomery Cnty., 327 S.W.2d 98 (Ky. Ct. App. 1959).
· cites it 3× “The statute, KRS 67.180, provides that the fiscal court “may, in its discretion,” purchase workmen’s compensation insurance.”
Kenton Cnty. Pub. Parks Corp. v. Modlin, 901 S.W.2d 876 (Ky. Ct. App. 1995).
“Therefore, we need not be concerned with the County’s argument about sovereign immunity. We note that the Kenton County Fiscal Court and the Kenton County PPC were so “siamesed” throughout this litigation that no one could separate the two.”
Lee v. McCracken Cnty. Fiscal Court, 872 S.W.2d 88 (Ky. Ct. App. 1993).
· cites it 4× “Although apparently the county had purchased a policy of premises liability insurance, the trial court granted the motion, confining its ruling to an interpretation of KRS 67.180. It is from such judgment that Ms.”
Fayette Cnty. v. Hill, 201 S.W.2d 886 (Ky. Ct. App. 1947).
“The suit against Fayette County was brought pursuant to KRS 67.180, which permits the County to be sued and a judgment obtained against it to measure the liability of the insurance carrier to the injured party.”
Brooks v. Clark Cnty., 180 S.W.2d 300 (Ky. Ct. App. 1944).
“310 providing for the purchase of such insurance by school boards and by KRS 67.180 permitting fiscal courts of counties containing a city of the second class to purchase such insurance for the protection of employees and the public.”
— Ky. Rev. Stat. § 67.180(1) — 3 cases
Reyes v. Hardin Cnty., 55 S.W.3d 337 (Ky. 2001).
“In 1944, the General Assembly amended KRS 67.180, which authorizes counties to purchase motor vehicle liability and workers’ compensation insurance, to add a new subsection (2) that provides: Suits instituted on such policies may be maintained against the county only for the…”
— Ky. Rev. Stat. § 67.180(2) — 3 cases
Reyes v. Hardin Cnty., 55 S.W.3d 337 (Ky. 2001).
“In 1944, the General Assembly amended KRS 67.180, which authorizes counties to purchase motor vehicle liability and workers’ compensation insurance, to add a new subsection (2) that provides: Suits instituted on such policies may be maintained against the county only for the…”
Grayson Cnty. Bd. of Educ. v. Casey, 157 S.W.3d 201 (Ky. 2005).
“Compare KRS 67.180(2), expressly authorizing suits against counties having insurance coverage for motor vehicle accidents and workers’ compensation claims: Suits instituted on such policies may be maintained against the county only for the purpose of obtaining a judgment which…”
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