Terms Used In 5 Guam Code Ann. § 6304

  • Arrest: Taking physical custody of a person by lawful authority.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
e government of Guam and each of the autonomous agencies is authorized to purchase insurance, if advisable and available, to cover the liability of government employees which they may incur pursuant to § 6212 of this Chapter, unless such liability is incurred for acts or omissions which occurred outside the scope of the employees’ employment. The authority granted by this Section shall be in addition to any other grant of authority contained in any law of Guam or of the United States. Each agency, department, or entity purchasing such insurance shall
have the discretion to determine what dollar limitations are reasonable considering the positions to be covered and the risks involved.

SOURCE: Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.33. Codified as 5 Guam Code Ann. § 6304.

COMMENT: Ever since the adoption of the first Government Claims Act, government employees have been liable for any amount of tort damages in excess of the limitations placed on judgments against the government of Guam. Until recently, this problem has been negligible. However, with damage awards and grounds for suit increasing, the employees have become increasingly vulnerable. The Legislature has recognized this with respect to false arrest insurance for police. The Guam Federation of Teachers has recognized this with respect to its membership. This section recognizes the fact with respect to all government employees.

Note that the coverage is only for liability incurred by this Chapter. If an employee becomes liable for something that is done outside the scope of his employment, then this Chapter provides no protection nor does it govern the liability incurred.

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ARTICLE 4
PAYMENTS

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