Mississippi Code
Miss. Code Ann. § 11-46-17 (2026)
Creation of Tort Claims Fund; liability insurance
✓ current as of July 2026
- (1) There is hereby created in the State Treasury a special fund to be known as the "Tort Claims Fund." All monies that the Department of Finance and Administration receives and collects under the provisions of subsection (2) of this section and all funds that the Legislature appropriates for use by the board in administering the provisions of this chapter shall be deposited in the fund. All monies in the fund may be expended by the board for any and all purposes for which the board is authorized to expend funds under the provisions of this chapter. All interest earned from the investment of monies in the fund shall be credited to the fund. Monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
- (2) From and after July 1, 1993, each governmental entity other than political subdivisions shall participate in a comprehensive plan of self-insurance or one or more policies of liability insurance or combination of the two (2), all to be administered by the Department of Finance and Administration. The plan shall provide coverage to each of such governmental entities for every risk for which the board determines the respective governmental entities to be liable in the event of a claim or suit for injuries under the provisions of this chapter, including claims or suits for injuries from the use or operation of motor vehicles; the board may allow the plan to contain any reasonable limitations or exclusions not contrary to Mississippi state statutes or case law as are normally included in commercial liability insurance policies generally available to governmental entities. The plan may also provide coverage for liabilities outside the provisions of this chapter, including, but not limited to, liabilities arising from Sections 1983 through 1987 of Title 42 of the United States Code and liabilities from actions brought in foreign jurisdictions, and the board shall establish limits of coverage for such liabilities. Each governmental entity participating in the plan shall make payments to the board in such amounts, times and manner determined by the board as the board deems necessary to provide sufficient funds to be available for payment by the board of the costs it incurs in providing coverage for the governmental entity. Each governmental entity of the state other than the political subdivisions thereof participating in the plan procured by the board shall be issued by the board a certificate of coverage whose form and content shall be determined by the board but which shall have the effect of certifying that, in the opinion of the board, each of such governmental entities is adequately insured.
Before July 1, 1993, the Board of Trustees of State Institutions of Higher Learning may provide liability coverage for each university, department, trustee, employee, volunteer, facility and activity as the board of trustees, in its discretion, shall determine advisable. If liability coverage, either through insurance policies or self-insurance retention is in effect, immunity from suit shall be waived only to the limit of liability established by the insurance or self-insurance program. From and after July 1, 1993, liability coverage established by the board of trustees must conform to the provisions of this section and must receive approval from the board. Should the board reject a plan, the board of trustees shall participate in the liability program for state agencies established by the board.
- (3) All political subdivisions shall, from and after October 1, 1993, obtain a policy or policies of insurance, establish self-insurance reserves, or provide a combination of insurance and reserves as necessary to cover all risks of claims and suits for which political subdivisions may be liable under this chapter; a political subdivision shall not be required to obtain pollution liability insurance. However, this shall not limit any cause of action against a political subdivision relative to limits of liability under the Tort Claims Act. The policy or policies of insurance or self-insurance may contain any reasonable limitations or exclusions not contrary to Mississippi state statutes or case law as are normally included in commercial liability insurance policies generally available to political subdivisions. All the plans of insurance or reserves or combination of insurance and reserves shall be submitted for approval to the board. The board shall issue a certificate of coverage to each political subdivision whose plan it approves in the same manner as provided in subsection (2) of this section. Whenever any political subdivision fails to obtain the board's approval of its plan, the political subdivision shall act in accordance with the rules and regulations of the board and obtain a satisfactory plan of insurance or reserves or combination of insurance and reserves to be approved by the board.
- (4) Any governmental entity may purchase liability insurance to cover claims in excess of the amounts provided for in Section 11-46-15 and may be sued by anyone in excess of the amounts provided for in Section 11-46-15 to the extent of the excess insurance carried; however, the immunity from suit above the amounts provided for in Section 11-46-15 shall be waived only to the extent of excess liability insurance carried.
- (5) Any two (2) or more political subdivisions may contract to pool their liabilities as a group under this chapter. The pooling agreements and contracts may provide for the purchase of one or more policies of liability insurance or the establishment of self-insurance reserves or a combination of insurance and reserves and shall be subject to approval by the board in the manner provided in subsections (2) and (3) of this section.
- (6) The board shall have subrogation rights against a third party for amounts paid out of any plan of self-insurance administered by the board pursuant to this section on behalf of a governmental entity that is not a political subdivision as a result of damages caused under circumstances creating a cause of action in favor of such governmental entity against a third party. The board shall deposit in the Tort Claims Fund all monies received in connection with the settlement or payment of any claim, including proceeds from the sale of salvage.
- (7) During fiscal year 2017, the board shall have full authority to assess agencies and governmental entities as per Section 11-46-19(1)(r).
Laws, 1984, ch. 495; reenacted and amended, Laws, 1985, ch. 474, § 9; reenacted and amended, Laws, 1986, ch. 438, § 4; Laws, 1987, ch. 483, § 9; Laws, 1988, ch. 442, § 6; Laws, 1988, ch. 479, § 4; Laws, 1989, ch. 537, § 6; Laws, 1990, ch. 518, § 7; Laws, 1991, ch. 618, § 7; Laws, 1992, ch. 491 § 8; Laws, 1993, ch. 476, § 6; Laws, 1995, ch. 568, § 1; Laws, 1996, ch. 377, § 1; Laws, 1998, ch. 496, § 1, eff. March 26, 1998.
Amended by Laws, 2017EX1, ch. 7, SB 2001,§ 10, eff. 6/23/2017.
Amended by Laws, 2016, ch. 459, SB 2362, 66, eff. 7/1/2016.
Amended by Laws, 2013, ch. 385, SB 2751, 2, eff. 3/20/2013.
Notes of Decisions
Cited in 55
cases (1 in the last 5 years), 1993–2025 · leading case: LW v. McComb Separate Mun. Sch. Dist., 754 So. 2d 1136 (Miss. 1999).
LW v. McComb Separate Mun. Sch. Dist., 754 So. 2d 1136 (Miss. 1999). “Section 11-46-17 provides generally for funding the tort claims fund through self-insurance or commercial policies.”
Mississippi Mun. Liab. Plan v. Jordan, 863 So. 2d 934 (Miss. 2003). “Such pooling agreements and contracts may provide for the purchase of one or more policies of liability insurance and/or the establishment of self-insurance reserves and shall be subject to approval by the board in the manner provided in subsections (2) and (3) of this section.”
Maxwell v. Jackson Cnty., 768 So. 2d 900 (Miss. 2000). “Miss.Code Ann. § 11-46-17. Section three of this statute requires all political subdivisions to become insured against all risks of claims and lawsuits for which the entity may be liable.”
Pearl Pub. Sch. Dist. v. Groner, 784 So. 2d 911 (Miss. 2001). “Therefore, Groner should be able to recover up to the amount provided for in section *919 11-46-15, in addition to amounts paid by the insurance policy pursuant to section 11-46-17. While the record does not contain the insurance policy purchased by the school board, it does…”
Kimball Glassco Residential Ctr., Inc. v. Shanks, 64 So. 3d 941 (Miss. 2011). “…to 41-19-43 (Rev.2009). Thus, DCMHS is a "political subdivision” that does not pay into the state Tort Claims Fund. Miss.Code Ann. § 11-46-17 (Rev.2002).”
Barnes v. Singing River Hosp. Sys., 733 So. 2d 199 (Miss. 1999). “Miss.Code Ann. § 11-46-17(4) (Supp.1998).”
City of Jackson v. Brister, 838 So. 2d 274 (Miss. 2003). “Miss.Code Ann. § 11-46-17(4) "does not limit the exclusions or exemptions in Section 11-46-9.”
Fed. Ins. Co. v. Singing River Health Sys., 850 F.3d 187 (5th Cir. 2017). “Miss. Code Ann. § 11-46-17 (3). By its clear terms, section 11-46-17(3) places any obligation to obtain board approval on SRHS, not on Federal.”
Maldonado v. Kelly, 768 So. 2d 906 (Miss. 2000). “Miss.Code Ann. § 11-46-17(4) (Supp.2000) provides: Any governmental entity of the state may purchase liability insurance to cover claims in excess of the amounts provided for in Section 11-46-15 and may be sued by anyone in excess of the amounts provided for in Section 11-46-15…”
Mozingo v. Scharf, 828 So. 2d 1246 (Miss. 2002). “Miss.Code Ann. § 11-46-17(4) has been interpreted by this Court as providing that only the governmental entity, not the employee, may be sued to the extent of its insurance coverage.”
Prentiss Cnty. Bd. of Educ. v. Beaumont, 815 So. 2d 1135 (Miss. 2002). “In addition, § 11-46-17 provides that any governmental entity may purchase supplemental liability insurance.”
Delta Reg'l Med. Ctr. v. Venton, 964 So. 2d 500 (Miss. 2007). “[3] Mississippi Code Annotated section 11-46-17(4) (Rev.2002) provides that: Any governmental entity of the state may purchase liability insurance to cover claims in excess of the amounts provided for in Section 11-46-15 and may be sued by anyone in excess of the amounts…”
— Miss. Code Ann. § 11-46-17(1) — 3 cases
Mississippi Mun. Liab. Plan v. Jordan, 863 So. 2d 934 (Miss. 2003). “Such pooling agreements and contracts may provide for the purchase of one or more policies of liability insurance and/or the establishment of self-insurance reserves and shall be subject to approval by the board in the manner provided in subsections (2) and (3) of this section.”
Kimball Glassco Residential Ctr., Inc. v. Shanks, 64 So. 3d 941 (Miss. 2011). “…to 41-19-43 (Rev.2009). Thus, DCMHS is a "political subdivision” that does not pay into the state Tort Claims Fund. Miss.Code Ann. § 11-46-17 (Rev.2002).”
— Miss. Code Ann. § 11-46-17(2) — 3 cases
Pearl Pub. Sch. Dist. v. Groner, 784 So. 2d 911 (Miss. 2001). “Therefore, Groner should be able to recover up to the amount provided for in section *919 11-46-15, in addition to amounts paid by the insurance policy pursuant to section 11-46-17. While the record does not contain the insurance policy purchased by the school board, it does…”
Black v. North Panola Sch. Dist., 461 F.3d 584 (5th Cir. 2006).
Erica Moore v. Univ. of Mississippi (5th Cir. 2018).
— Miss. Code Ann. § 11-46-17(3) — 5 cases
LW v. McComb Separate Mun. Sch. Dist., 754 So. 2d 1136 (Miss. 1999). “Section 11-46-17 provides generally for funding the tort claims fund through self-insurance or commercial policies.”
Mississippi Mun. Liab. Plan v. Jordan, 863 So. 2d 934 (Miss. 2003). “Such pooling agreements and contracts may provide for the purchase of one or more policies of liability insurance and/or the establishment of self-insurance reserves and shall be subject to approval by the board in the manner provided in subsections (2) and (3) of this section.”
Maxwell v. Jackson Cnty., 768 So. 2d 900 (Miss. 2000). “Miss.Code Ann. § 11-46-17. Section three of this statute requires all political subdivisions to become insured against all risks of claims and lawsuits for which the entity may be liable.”
Pearl Pub. Sch. Dist. v. Groner, 784 So. 2d 911 (Miss. 2001). “Therefore, Groner should be able to recover up to the amount provided for in section *919 11-46-15, in addition to amounts paid by the insurance policy pursuant to section 11-46-17. While the record does not contain the insurance policy purchased by the school board, it does…”
Mary Maxwell v. Jackson Cnty., Mississippi (Miss. 1999).
— Miss. Code Ann. § 11-46-17(4) — 25 cases
LW v. McComb Separate Mun. Sch. Dist., 754 So. 2d 1136 (Miss. 1999). “Section 11-46-17 provides generally for funding the tort claims fund through self-insurance or commercial policies.”
Mississippi Mun. Liab. Plan v. Jordan, 863 So. 2d 934 (Miss. 2003). “Such pooling agreements and contracts may provide for the purchase of one or more policies of liability insurance and/or the establishment of self-insurance reserves and shall be subject to approval by the board in the manner provided in subsections (2) and (3) of this section.”
Barnes v. Singing River Hosp. Sys., 733 So. 2d 199 (Miss. 1999). “Miss.Code Ann. § 11-46-17(4) (Supp.1998).”
City of Jackson v. Brister, 838 So. 2d 274 (Miss. 2003). “Miss.Code Ann. § 11-46-17(4) "does not limit the exclusions or exemptions in Section 11-46-9.”
Maldonado v. Kelly, 768 So. 2d 906 (Miss. 2000). “Miss.Code Ann. § 11-46-17(4) (Supp.2000) provides: Any governmental entity of the state may purchase liability insurance to cover claims in excess of the amounts provided for in Section 11-46-15 and may be sued by anyone in excess of the amounts provided for in Section 11-46-15…”
— Miss. Code Ann. § 11-46-17(5) — 4 cases
Mississippi Mun. Liab. Plan v. Jordan, 863 So. 2d 934 (Miss. 2003). “Such pooling agreements and contracts may provide for the purchase of one or more policies of liability insurance and/or the establishment of self-insurance reserves and shall be subject to approval by the board in the manner provided in subsections (2) and (3) of this section.”
Coleman v. Am. Mfrs. Mut. Ins., 930 F. Supp. 252 (N.D. Miss. 1995).
Coleman v. Am. Mfrs. Mut. Ins., 930 F. Supp. 255 (N.D. Miss. 1996).
Mississippi Mun. Liab. Plan v. Frank E. Jordan (Miss. 2001).
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