Mississippi Code

Miss. Code Ann. § 11-46-16 (2026)

Expired

✓ current as of July 2026
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Laws, 1990, ch. 518, § 6; Laws, 1992, ch. 491 § 7; Laws, 1992 Special Session, ch. 3, § 3, eff. 9/16/1992.


Notes of Decisions
Cited in 27 cases (1 in the last 5 years), 1993–2024 · leading case: Pickens v. Donaldson, 748 So. 2d 684 (Miss. 1999).
Pickens v. Donaldson, 748 So. 2d 684 (Miss. 1999). · cites it 17× “Pickens asserts that Miss. Code Ann. § 11-46-16 (2) waives the doctors' immunity to the extent of the limits of their liability policies.”
Glover v. Jackson State Univ., 968 So. 2d 1267 (Miss. 2007). · cites it 3× “1999), where we held that, pursuant to § 11-46-16(2) of the Tort Claims Act, a governmental entity which has in effect a policy of liability insurance which covers the tort sued upon will waive immunity to the extent of the liability coverage.”
Watts v. Tsang, 828 So. 2d 785 (Miss. 2002). · cites it 5× “However, the Court finds that this insurance does not provide for a waiver of immunity pursuant to Miss.Code Ann. § 11-46-16 (1972, as amended).”
City of Tupelo v. Martin, 747 So. 2d 822 (Miss. 1999). · cites it 4× “The holding was later codified in Miss.Code Ann. § 11-46-16(2) but in 1993 expired and became of no force.”
LW v. McComb Separate Mun. Sch. Dist., 754 So. 2d 1136 (Miss. 1999). · cites it 2× “Formerly, Section 11-46-16, which stood repealed coterminously with the effective date of Section 11-46-17, provided a blanket waiver of immunity arising out of the purchase of insurance.”
Glover v. Jackson State Univ., 755 So. 2d 395 (Miss. 2000). · cites it 4× “Miss.Code Ann. § 11-46-16(2) (Supp.1999) (emphasis added).”
Black v. North Panola Sch. Dist., 461 F.3d 584 (5th Cir. 2006). · cites it 2× “Miss. Code Ann. § 11-46-16 (2); Lincoln County School District v.”
Jones v. Baptist Mem'l Hosp.-golden, 735 So. 2d 993 (Miss. 1999). · cites it 3× “Specifically, § 11-46-3 and § 11-46-16 of House Bill No. 2 (1992) as well as Miss.”
Spencer v. Greenwood/leflore Airport, 834 So. 2d 707 (Miss. 2003). · cites it 2× “Furthermore, he argues that, as allowed by Miss.Code Ann. § 11-46-16 (2002), the Airport Authority has $5 million in insurance coverage for such accidents, well more than Spencer's $75,000 claim.”
Est. of Johnson v. Chatelain, 943 So. 2d 684 (Miss. 2006). “1999), which *690 explicitly states that "§ 11-46-3 and § 11-46-16 of House Bill No. 2 (1992) [of the 1992 Special Session Amendments to the Mississippi Code Annotated (1972)] as well as Miss.”
Lincoln Cnty. Sch. Dist. v. Doe, 749 So. 2d 943 (Miss. 1999). · cites it 2× “Miss.Code Ann. § 11-46-16(2) provides for a waiver of sovereign immunity to the extent that a governmental entity has liability insurance to cover "wrongful or tortious acts or omissions" of the governmental entity or its employees.”
Mississippi Transp. Com'n v. Jenkins, 699 So. 2d 597 (Miss. 1997). · cites it 2× “Jenkins argues that the statute is not a bar to recovery in this case because according to Miss. Code Ann. § 11-46-16 (2), a state agency may be sued for tortious conduct and recovery may be had to the extent that the agency has liability insurance.”
— Miss. Code Ann. § 11-46-16(2) — 11 cases
Pickens v. Donaldson, 748 So. 2d 684 (Miss. 1999). “Pickens asserts that Miss. Code Ann. § 11-46-16 (2) waives the doctors' immunity to the extent of the limits of their liability policies.”
Glover v. Jackson State Univ., 968 So. 2d 1267 (Miss. 2007). “1999), where we held that, pursuant to § 11-46-16(2) of the Tort Claims Act, a governmental entity which has in effect a policy of liability insurance which covers the tort sued upon will waive immunity to the extent of the liability coverage.”
City of Tupelo v. Martin, 747 So. 2d 822 (Miss. 1999). “The holding was later codified in Miss.Code Ann. § 11-46-16(2) but in 1993 expired and became of no force.”
Glover v. Jackson State Univ., 755 So. 2d 395 (Miss. 2000). “Miss.Code Ann. § 11-46-16(2) (Supp.1999) (emphasis added).”
Black v. North Panola Sch. Dist., 461 F.3d 584 (5th Cir. 2006). “Miss. Code Ann. § 11-46-16 (2); Lincoln County School District v.”
— Miss. Code Ann. § 11-46-16(3) — 2 cases
Jones v. Baptist Mem'l Hosp.-golden, 735 So. 2d 993 (Miss. 1999). “Specifically, § 11-46-3 and § 11-46-16 of House Bill No. 2 (1992) as well as Miss.”
— Miss. Code Ann. § 11-46-16(4) — 2 cases
Pickens v. Donaldson, 748 So. 2d 684 (Miss. 1999). “Pickens asserts that Miss. Code Ann. § 11-46-16 (2) waives the doctors' immunity to the extent of the limits of their liability policies.”
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