Minn. Stat. » CHAPTER 466. TORT LIABILITY, POLITICAL SUBDIVISIONS
Minnesota Statutes

Minn. Stat. § 466.07 (2026)

Indemnification

✓ current as of May 2026
Find cases: SyfertCases citing this section MN-REVrevisor.mn.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

Subdivision 1.Indemnification required.

Subject to the limitations in section 466.04, a municipality or an instrumentality of a municipality shall defend and indemnify any of its officers and employees, whether elective or appointive, for damages, including punitive damages, claimed or levied against the officer or employee, provided that the officer or employee:

(1) was acting in the performance of the duties of the position; and

(2) was not guilty of malfeasance in office, willful neglect of duty, or bad faith.

Notwithstanding any provisions to the contrary in section 123B.25, paragraph (b), this section applies to all school districts, however organized.

Subd. 1a.

MS 1986 [Repealed, 1987 c 79 s 3]

Subd. 2.

MS 1986 [Repealed, 1987 c 79 s 3]

Subd. 3.Effect on other laws.

This section does not repeal or modify Minnesota Statutes 1961, sections 471.44, 471.45 and 471.86.

Subd. 4.

MS 1986 [Repealed, 1987 c 79 s 3]

Notes of Decisions
Cited in 27 cases (4 in the last 5 years), 1975–2025 · leading case: Horace Mann Ins. Co. v. Indep. Sch. Dist. No. 656, 355 N.W.2d 413 (Minn. 1984).
Sort: Relevance Newest Treatment
Horace Mann Ins. Co. v. Indep. Sch. Dist. No. 656, 355 N.W.2d 413 (Minn. 1984). · cites it 14× “The court also held the school district’s duty to indemnify raised a fact issue under Minn.Stat. § 466.07, subd. la (1982). 8 Section 127.”
Indep. Sch. Dist. No. 404 v. Castor, 670 N.W.2d 758 (Minn. Ct. App. 2003). · cites it 34× “Appellants argue that the trial court improperly denied them attorney fees under Minn.Stat. § 466.07 (2002), Minn.Stat. § 123B.”
Queen v. Minneapolis Pub. Schs., Special Sch. Dist. No. 1, 481 N.W.2d 66 (Minn. Ct. App. 1992). · cites it 36× “Minn.Stat. § 466.07, subd. 1 (1990) (emphasis added).”
Elisea Cervantes Anzures v. Michele Leann Ward, City of Saint Paul, 890 N.W.2d 127 (Minn. Ct. App. 2017). · cites it 26× “*129 OPINION PETERSON, Judge Appellant-city challenges the district court’s denial of its motion to dismiss respondent-police officer’s cross-claim seeking defense and indemnification, arguing that the district court erred by determining that it had subject-matter jurisdiction…”
Bd. of the Cnty. Commissioners of Bryan Cnty. v. Brown, 520 U.S. 397 (1997). · cites it 2× “§ 75-6109 (1989); Minn. Stat. § 466.07 (1994); Mont. Code Ann.”
Schroeder v. St. Louis Cnty., 708 N.W.2d 497 (Minn. 2006). · cites it 4× “06 (2004)); and (4) it required the municipality to defend and indemnify its "officers and employees," subject to certain qualifications (Minn.Stat. § 466.07, subd. 1 (2004)). Yet, despite these protections for government officials, the official immunity doctrine appears to have…”
Wilson v. City of Eagan, 297 N.W.2d 146 (Minn. 1980). · cites it 6× “1979), rather than discretionary, Minn.Stat. § 466.07, subd. 1 (1978). However, allowing punitive damages awards against municipal officers and employees does not circumvent the clear intent of the legislature that municipalities not be subject to punitive damages awards because…”
Kroschel v. City of Afton, 512 N.W.2d 351 (Minn. Ct. App. 1994). · cites it 28× “Appellants also assert that respondent LMCIT, a self-insuring pool operated for the benefit of Minnesota municipalities, owes them a defense and reimbursement under the covenant issued to the city by LMCIT.”
Douglas v. City of Minneapolis, 230 N.W.2d 577 (Minn. 1975). · cites it 18× “Chapter 466, enacted in 1963, deals with the tort liability of political subdivisions; and § 466.07, subd. 1, contains a provision for the indemnification of municipal officers and employees for a tort claim or demand.”
Larson Ex Rel. Larson v. Indep. Sch. Dist. No. 314, Braham, 289 N.W.2d 112 (Minn. 1979). · cites it 2× “§ 466.07, subd. 1. If a municipality's liability was coextensive with that of its officers or employees, there would be no need for indemnification.”
Bicking v. City of Minneapolis, 891 N.W.2d 304 (Minn. 2017). · cites it 2× “Minn. Stat. § 466.07 , subd. 1. By requiring City police officers to carry insurance that serves as the “primary” coverage for personal liability, the proposed insurance amendment “adds a requirement that is absent from the statute,” Kuhlman, 729 N.”
Booth v. Gades, 788 N.W.2d 701 (Minn. 2010). · cites it 2× “See Minn.Stat. § 466.07 (2008) (requiring a municipality to defend and indemnify its employees); Minn.”
Show all 27 citing cases →
— Minn. Stat. § 466.07(1) — 1 case
Indep. Sch. Dist. No. 404 v. Castor, 670 N.W.2d 758 (Minn. Ct. App. 2003). “Appellants argue that the trial court improperly denied them attorney fees under Minn.Stat. § 466.07 (2002), Minn.Stat. § 123B.”
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.