GA Code § 45-9-20 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 9 - Insuring and Indemnification of Public Officers and Employees|Article 2 - Members of Governing Bodies of Municipalities, Counties, and Other Public Bodies|§ 45-9-20. Insurance or Contracts of Indemnity; Actions Against Insurers or Indemnitors

 In addition to any other compensation which may be paid to members of the governing bodies of municipalities, counties, and other public bodies, and to supervisors, administrators, employees, or other elected or appointed public officers, each municipality, county, and other public body of this state is authorized, in its discretion, to purchase policies of liability insurance or contracts of indemnity insuring or indemnifying the members of such governing bodies and such supervisors, administrators, employees, or other elected or appointed officers against personal liability for damages arising out of the performance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law, or other statutory rights, whether state, federal, or local. Such municipalities, counties, and other public bodies may expend state, federal, and local funds for such purposes. The amount of such insurance or indemnity shall also be in the discretion of the governing body of such municipality, county, or other public body. No action shall be maintained against the person or company issuing such insurance or contracting for such indemnity until final judgment has first been entered against the individual covered by such policy or contract.   (Ga. L. 1974, p. 702, § 1; Ga. L. 2011, p. 99, § 86/HB 24.)   Cross references.   - Liability of public agents on public contracts, § 10-6-88.   Law reviews.   - For article considering the public official's potential liability for funds, losses and torts, and suggesting insurance coverage, see 11 Mercer L. Rev. 288 (1960). For article, "Personal Liability of State Officials Under State and Federal Law," see 9 Ga. L. Rev. 821 (1975). For article on insurance and indemnity for Georgia local government officers under Georgia law, see 13 Ga. L. Rev. 747 (1979). For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).   JUDICIAL DECISIONS   Legislative intent.    - It is the intent of O.C.G.A. §§ 45-9-20 through45-9-23, with certain exceptions, to authorize a county, municipality, or other public body to purchase insurance or adopt policies to indemnify governmental employees or officers against personal liability for damages arising out of the performance of their duties, and to defend actions in which such damages are sought, in those instances in which a defense of sovereign or official immunity is unavailable. Hendon v. DeKalb County, 203 Ga. App. 750, 417 S.E.2d 705, cert. denied, 203 Ga. App. 906, 417 S.E.2d 705 (1992).   Self-insurance plans.    - Under O.C.G.A. §§ 45-9-1,45-9-20, and45-9-21, dealing with liability insurance for government employees and officials, only state self-insurance plans will waive sovereign immunity. There is no statutory provision for a county to set up a self-insurance plan. Logue v. Wright, 260 Ga. 206, 392 S.E.2d 235 (1990).   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 186, 226.   ALR.    - Right to use public funds to carry insurance for public officers or employees, 27 A.L.R. 1267.    Power of municipal corporation to take out liability insurance, 33 A.L.R. 717.    Liability of public officer or his bond for loss of public funds due to insolvency of bank in which they were deposited, 155 A.L.R. 436.    Constitutionality of statute appropriating money to reimburse public officer or employee for money paid or liability incurred by him in consequence of breach of duty, 155 A.L.R. 1438.   Personal liability of policeman, sheriff, or similar peace officer or his bond, for injury suffered as a result of failure to enforce law or arrest lawbreaker, 41 A.L.R.3d 700.   Validity and construction of statute authorizing or requiring governmental unit to procure liability insurance covering public officers or employees for liability arising out of performance of public duties, 71 A.L.R.3d 6.   Municipal liability for negligent fire inspection and subsequent enforcement, 69 A.L.R.4th 739.