N.C. Gen. Stat. » Chapter 115D
NC General Statutes

N.C. Gen. Stat. § 115D-24 (2026)

Waiver of governmental immunity from liability for negligence of agents and employees of institutions; liability insurance

✓ current as of July 2026
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The board of trustees of any institution, by obtaining liability insurance as provided in G.S. 115D-53, is authorized to waive its governmental immunity from liability for the death or injury of person or for property damage caused by the negligence or tort of any agent or employee of the board of trustees when the agent or employee is acting within the scope of his authority or the course of  his employment. All automobiles, buses, trucks, or other motor vehicles intended primarily for use on the public roads and highways which are the property of a board of trustees shall be insured at all  times with liability insurance as provided in G.S. 115D-53. Governmental immunity shall be deemed to have been waived by the act of obtaining liability insurance, but only to the extent that the board is indemnified for the negligence or torts of its agents and employees and only as to claims arising after the procurement of liability insurance and while such insurance is in force. (1963, c. 448, s. 23; 1979, c. 462, s. 2.)

 

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1996–2023 · leading case: Chastain v. Arndt, 800 S.E.2d 68 (N.C. Ct. App. 2017).
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Chastain v. Arndt, 800 S.E.2d 68 (N.C. Ct. App. 2017). · cites it 6× “N.C. Gen. Stat. § 115D-24 permits community colleges to waive sovereign immunity by the purchase of liability insurance.”
Munn-Goins v. Bd. of Trs. of Bladen Cmty. Coll., 658 F. Supp. 2d 713 (E.D.N.C. 2009). · cites it 4× “at 9 (citing N.C. Gen.Stat. § 115D-24). The Eleventh Amendment does not bar Munn-Goins from seeking reinstatement (see Compl.”
North Carolina Ins. Guar. Ass'n v. Bd. of Trs. of Guilford Technical Cmty. Coll., 648 S.E.2d 859 (N.C. Ct. App. 2007). · cites it 2× “N.C. Gen. Stat. § 115D-24 (2005). GTCC is also authorized to waive its immunity by purchasing insurance to cover liability for workers’ compensation claims.”
Meyer v. Walls, 471 S.E.2d 422 (N.C. Ct. App. 1996). “143-291(a) provides a general waiver of immunity for claims against “the State Board of Education, the Board of Transportation, and all other departments, institutions and agencies of the State .”
Blackburn v. Trs. of Guilford Technical Cmty. Coll., 822 F. Supp. 2d 539 (M.D.N.C. 2011). “§ 115D-24 (waiver of governmental immunity).”
Harrington v. S. Health Partners, Inc. (M.D.N.C. 2023). · cites it 2× “) The County also points to an endorsement which reads as follows: This Policy is not intended by the INSURED to waive its governmental immunity as allowed by North Carolina General Statutes Section 115C-42, Section 153A-435, Section 115D-24 or Section 160A-485, or any…”
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