The governing body of any municipality may procure insurance against liability of the municipality and its officers, employees, and agents for damages, including punitive damages, resulting from its torts and those of its officers, employees, and agents, including torts specified in section 466.03 for which the municipality is immune from liability. The insurance may provide protection in excess of the limit of liability imposed by section 466.04. If a municipality other than a school district has the authority to levy taxes, the premium costs for such insurance may be levied in excess of any per capita or local tax rate tax limitation imposed by statute or charter. Any independent board or commission in the municipality having authority to disburse funds for a particular municipal function without approval of the governing body may similarly procure liability insurance with respect to the field of its operation. The procurement of such insurance constitutes a waiver of the limits of governmental liability under section 466.04 only to the extent that valid and collectible insurance, including where applicable, proceeds from the Minnesota Insurance Guaranty Association, exceeds those limits and covers the claim. The purchase of insurance has no other effect on the liability of the municipality or its employees. Procurement of commercial insurance, participation in a self-insurance pool pursuant to section 471.981, or provision for an individual self-insurance plan with or without a reserve fund or reinsurance shall not constitute a waiver of any governmental immunities or exclusions.
Notes of Decisions
Imlay v. City of Lake Crystal, 453 N.W.2d 326 (Minn. 1990).
· cites it 16× “00, as authorized by Minn.Stat. § 466.06 (1986), which provides: The governing body of any municipality may procure insurance against liability of the municipality and its officers, employees, and agents for damages resulting from its torts and those of its officers, employees,…”
Andrade v. Ellefson, 391 N.W.2d 836 (Minn. 1986).
· cites it 8× “Minn.Stat. § 466.06 (1984) authorizes the governing body of any municipality (which includes a county) to procure insurance for its tort liability and provides that "[t]he procurement of such insurance constitutes a waiver of the defense of governmental immunity to the extent of…”
Schroeder v. St. Louis Cnty., 708 N.W.2d 497 (Minn. 2006).
· cites it 4× “05 (2004)); (3) it authorized the municipality to procure insurance against liability, including that for liability of "its officers, employees, and agents" (Minn.Stat. § 466.06 (2004)); and (4) it required the municipality to defend and indemnify its "officers and employees,"…”
City of Red Wing v. Ellsworth Cmty. Sch. Dist., 617 N.W.2d 602 (Minn. Ct. App. 2000).
· cites it 29× “06 (1996), the Wisconsin school district’s purchase of insurance waived the liability cap up to $6,000,000 and that the Horace Mann policy was “other collectible insurance” under Minn.Stat. § 466.06. Horace Mann appeals.”
Bicking v. City of Minneapolis, 891 N.W.2d 304 (Minn. 2017).
· cites it 6× “Minn. Stat. § 466.06 . Yet the proposed insurance amendment would forbid the *315 City from indemnifying an officer “against liability in any amount greater than required by State Statute unless the officer’s insurance is exhausted.”
Cairl v. State, 323 N.W.2d 20 (Minn. 1982).
· cites it 4× “8 (1980) and Minn. Stat. § 466.06 (1980) for the proposition that defendant Bruce Hedge did waive immunity when he purchased such insurance.”
Casper v. City of Stacy, 473 N.W.2d 902 (Minn. Ct. App. 1991).
· cites it 20× “By purchasing liability insurance, did the City waive its municipal liability limit under Minn.Stat. § 466.06 (1986)? 2. Should the trial court have determined the dollar value of Casper’s negligence based on the entire jury award rather than on the jury award less collateral…”
Barr v. Bernhard, 562 S.W.2d 844 (Tex. 1978).
· cites it 2× “See Minn.Stat.Ann. § 466.06 (1977). As was the situation in Minnesota, the waiver of governmental immunity by statutes expressing in clear and unambiguous terms that such immunity is waived only to the extent of the liability insurance purchased appears to be the trend among…”
Wesala v. City of Virginia, 390 N.W.2d 285 (Minn. Ct. App. 1986).
· cites it 8× “Plaintiff maintains that Defendant has procured insurance, thereby making Minn.Stat. § 466.06 applicable to this case.”
Chabot v. City of Sauk Rapids, 422 N.W.2d 708 (Minn. 1988).
· cites it 6× “The trial court entered judgment, concluding that the city’s defense of discretionary immunity was waived by its procurement of liability insurance under Minn. Stat. § 466.06 (1982). The city appealed on the issues of liability and damages.”
Johnson v. Cnty. of Nicollet, 387 N.W.2d 209 (Minn. Ct. App. 1986).
· cites it 4× “Minn.Stat. § 466.06 (1984) provides: The governing body of any municipality may procure insurance against liability of the municipality and its officers, *213 employees, and agents for damages resulting from its torts and those of its officers, employees, and agents, including…”
Horace Mann Ins. Co. v. Indep. Sch. Dist. No. 656, 355 N.W.2d 413 (Minn. 1984).
· cites it 2× “” Minn.Stat. § 466.06 (1982). Thus, the procurement of insurance coverage waives the immunity defense up to the policy limits even though the employee’s tort may be subject to a policy exclusion.”
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