Utah Code » Title 63G, Chapter 7 — Governmental Immunity Act of Utah; part 63G-7-8 — Self-Insurance and Purchase of Liability Insurance by Governmental Entities
Utah Code

Utah Code § 63G-7-801 (2026)

Insurance -- Self-insurance or purchase of liability insurance by governmental entity authorized -- Establishment of trust accounts for self-insurance

✓ current as of May 2026
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Any governmental entity within the state may self-insure, purchase commercial insurance, or self-insure and purchase excess commercial insurance in excess of the statutory limits of this chapter against:
any risk created or recognized by this chapter; or
any action for which a governmental entity or its employee may be held liable.
In addition to any other reasonable means of self-insurance, a governmental entity may self-insure with respect to specified classes of claims by establishing a trust account.
In creating the trust account, the governmental entity shall ensure that:
the trust account is managed by an independent private trustee; and
the independent private trustee has authority, with respect to claims covered by the trust, to:
expend both principal and earnings of the trust account solely to pay the costs of investigation, discovery, and other pretrial and litigation expenses including attorneys' fees; and
pay all sums for which the governmental entity may be adjudged liable or for which a compromise settlement may be agreed upon.
Notwithstanding any law to the contrary, the trust agreement between the governmental entity and the trustee may authorize the trustee to:
employ counsel to defend actions against the entity and its employees;
protect and safeguard the assets of the trust;
provide for claims investigation and adjustment services;
employ expert witnesses and consultants; and
provide other services and functions that are necessary and proper to carry out the purposes of the trust.
The money and interest earned on the trust fund may be invested by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act, and are subject to audit by the state auditor.
Notes of Decisions
Cited in 6 cases, 2012–2016 · leading case: Thayer v. Washington Cnty. Sch. Dist., 285 P.3d 1142 (Utah 2012).
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Thayer v. Washington Cnty. Sch. Dist., 285 P.3d 1142 (Utah 2012). · cites it 3× “§ 63G-7-801(4). 4 24 Were we to accept the school district's interpretation of the Licensing Exception, the waiver of immunity for acts of employee negligence would become a nullity.”
Van De Grift v. State, 2013 UT 11 (Utah 2013). · cites it 4× “Utah Code section 63G-7-801(4) waives governmental immunity from suit if the injury is caused "by a negligent act or omission of an employee committed within the seope of employment.”
Asset Acceptance LLC v. Utah State Treasurer, 2016 UT App 25 (Utah Ct. App. 2016). · cites it 2× “Section 68G-7-608(2) provides, "Exe-ecution, attachment, or garnishment may not issue against a governmental entity.”
Jenkins v. Jordan Valley Water Conservancy Dist., 2012 UT App 204 (Utah Ct. App. 2012). · cites it 2× “See generally Utah Code Ann. § 63G-7-801(5b)(a) (2011) (providing an exemption to the waiver of immunity for discretionary functions "whether or not the discretion is abused").”
Glaittli v. State, 2013 UT App 10 (Utah Ct. App. 2013). · cites it 4× “See Utah Code Ann. § 63G-7-801(5)(k) (LexisNexis 2011).”
Francis v. State, Utah Div. of Wildlife Resources, 2013 UT 65 (Utah 2013). “Urax CopEr § 63G-7-801(5)(k). Because I would hold that the State is immune from liability under the natural condition exception, I would not reach the issue of whether the State owed any duty to the Mulveys.”
— Utah Code § 63G-7-801(2)(a) — 1 case
Asset Acceptance LLC v. Utah State Treasurer, 2016 UT App 25 (Utah Ct. App. 2016). “Section 68G-7-608(2) provides, "Exe-ecution, attachment, or garnishment may not issue against a governmental entity.”
— Utah Code § 63G-7-801(4) — 2 cases
Van De Grift v. State, 2013 UT 11 (Utah 2013). “Utah Code section 63G-7-801(4) waives governmental immunity from suit if the injury is caused "by a negligent act or omission of an employee committed within the seope of employment.”
Thayer v. Washington Cnty. Sch. Dist., 285 P.3d 1142 (Utah 2012). “§ 63G-7-801(4). 4 24 Were we to accept the school district's interpretation of the Licensing Exception, the waiver of immunity for acts of employee negligence would become a nullity.”
— Utah Code § 63G-7-801(5)(c) — 2 cases
Thayer v. Washington Cnty. Sch. Dist., 285 P.3d 1142 (Utah 2012). “§ 63G-7-801(4). 4 24 Were we to accept the school district's interpretation of the Licensing Exception, the waiver of immunity for acts of employee negligence would become a nullity.”
Van De Grift v. State, 2013 UT 11 (Utah 2013). “Utah Code section 63G-7-801(4) waives governmental immunity from suit if the injury is caused "by a negligent act or omission of an employee committed within the seope of employment.”
— Utah Code § 63G-7-801(5)(k) — 2 cases
Francis v. State, Utah Div. of Wildlife Resources, 2013 UT 65 (Utah 2013). “Urax CopEr § 63G-7-801(5)(k). Because I would hold that the State is immune from liability under the natural condition exception, I would not reach the issue of whether the State owed any duty to the Mulveys.”
Glaittli v. State, 2013 UT App 10 (Utah Ct. App. 2013). “See Utah Code Ann. § 63G-7-801(5)(k) (LexisNexis 2011).”
— Utah Code § 63G-7-801(5b)(a) — 1 case
Jenkins v. Jordan Valley Water Conservancy Dist., 2012 UT App 204 (Utah Ct. App. 2012). “See generally Utah Code Ann. § 63G-7-801(5b)(a) (2011) (providing an exemption to the waiver of immunity for discretionary functions "whether or not the discretion is abused").”
— Utah Code § 63G-7-801(8)(a) — 1 case
Glaittli v. State, 2013 UT App 10 (Utah Ct. App. 2013). “See Utah Code Ann. § 63G-7-801(5)(k) (LexisNexis 2011).”
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