Vermont Statutes Annotated

Vt. Stat. Ann. tit. 24, § 4946 (2026)

✓ current as of May 2026

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Subchapter 006 : INTERMUNICIPAL INSURANCE AGREEMENTS

(Cite as: 24 V.S.A. § 4946)

§ 4946. Declaration of policy

The General Assembly hereby finds and declares that the implementation of this subchapter by any municipality and the activity of any association organized pursuant to this subchapter shall constitute essential governmental functions. Participation by a municipality in an agreement or association established pursuant to this subchapter shall not create joint and several liability as a result of any act or omission of any other municipality or association, nor shall such participation constitute a waiver of sovereign immunity under 29 V.S.A. § 1403. (Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986.)

Notes of Decisions

Cited in 5 cases, 1997–2017 · leading case: Hillerby v. Town of Colchester, 706 A.2d 446 (Vt. 1997).

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Hillerby v. Town of Colchester, 706 A.2d 446 (Vt. 1997). · cites it 4× “shall constitute essential governmental functions." (Emphasis added.”

Matthew Burgess v. Lamoille Hous. P'ship, Town of Morristown, Mary Ann Wilson as Collector of Taxes & Sharon Green, Esq., 2016 VT 31 (Vt. 2016). “See 24 V.S.A. § 4946 (stating that participation in intermunicipal insurance agreement under statutory scheme shall not “constitute a waiver of sovereign immunity under 29 V.”

Kirkpatrick v. Merit Behavioral Care Corp., 70 F. Supp. 2d 443 (D. Vt. 1999). “Vt.Stat. Ann. tit. 24, § 4946 (1992). The decision in Livolsi v.”

Krull v. Town of Huntington (Vt. Super. Ct. 2017). “at 15– 16; 24 V.S.A. § 4946. 6 [W]here the act, or failure to act, which causes an injury is one which the contractor was employed to do, and the injury results not from the negligent manner of doing the work, but from the performance thereof or failure to perform it at all, the…”

Felix v. Spaulding High Sch. Union Dist. (Vt. Super. Ct. 2010). “24 V.S.A. § 4946. Second, whether an act by a municipality qualifies for immunity depends on the common law distinction between governmental and proprietary activities.”

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