The governing body of any political subdivision, including any school district, educational service unit, or community college, may purchase a policy of liability insurance insuring against all or any part of the liability which might be incurred under the Political Subdivisions Tort Claims Act and also may purchase insurance covering those claims specifically excepted from the coverage of the act by section 13-910. Any independent or autonomous board or commission in the political subdivision having authority to disburse funds for a particular purpose of the subdivision without approval of the governing body also may procure liability insurance within the field of its operation. The procurement of insurance shall constitute a waiver of the defense of governmental immunity as to those exceptions listed in section 13-910 to the extent and only to the extent stated in such policy. The existence or lack of insurance shall not be material in the trial of any suit except to the extent necessary to establish any such waiver. Whenever a claim or suit against a political subdivision is covered by liability insurance or by group self-insurance provided by a risk management pool, the provisions of the insurance policy on defense and settlement or the provisions of the agreement forming the risk management pool and related documents providing for defense and settlement of claims covered under such group self-insurance shall be applicable notwithstanding any inconsistent provisions of the act.
Notes of Decisions
City of Lincoln v. Cnty. of Lancaster, 297 Neb. 256 (Neb. 2017).
· cites it 7× “Through enactment of Neb. Rev. Stat. § 13-916 (Reissue 2012), the Legislature allowed a political subdivision to waive immunity to some extent by purchasing liability insurance.”
Salazar v. Scotts Bluff Cnty., 665 N.W.2d 659 (Neb. 2003).
· cites it 3× “The primary issue to be decided by this court is whether a political subdivision waives protection of the statutory limit on recovery pursuant to § 13-922 when the political subdivision procures liability insurance pursuant to § 13-916 in excess of the statutory limit.”
Harris v. Omaha Hous. Auth., 698 N.W.2d 58 (Neb. 2005).
“) As set forth above, § 71-15,168(2) expressly states that the claim procedures of the NHAA apply to a claim “other than a tort claim” under the PSTCA.”
Griner v. Se. Cmty. Coll., 95 F. Supp. 2d 1054 (D. Neb. 2000).
· cites it 2× “, Neb. Rev.Stat.Ann. §§ 13-916, 13-1612, 32-1203, 77-3443 (Lexis 1995 & Supp.”
Infante v. City of Hastings (Neb. Ct. App. 2019).
· cites it 5× “Through enactment of § 13-916, the Legislature allowed a political subdivision to waive immunity to some extent by purchasing liability insurance.”
Brock v. The City of Ord, Nebraska (D. Neb. 2021).
· cites it 2× “See Neb. Rev. Stat. § 13-916 ("procurement of insurance shall constitute a waiver of the defense of governmental immunity as to those exceptions listed in section 13-910 to the extent and only to the extent stated in such policy").”
Trackwell v. Cnty. of Lancaster (Neb. Ct. App. 2020).
“The court further rejected Trackwell’s allegation that the county had waived the defense of sovereign immunity by purchasing an insurance policy that covered the alleged conduct.”
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