Utah Code 63G-7-805. Liability insurance — Insurance for employees authorized — No right to indemnification or contribution from governmental agency

(1)

Terms Used In Utah Code 63G-7-805

Contract: A legal written agreement that becomes binding when signed.
Employee: includes :

(i)	a governmental entity's officers, employees, servants, trustees, or commissioners;

(ii)	a member of a governing body;

(iii)

a member of a government entity board;

(iv)	a member of a government entity commission;

(v)	members of an advisory body, officers, and employees of a Children's Justice Center created in accordance with Section 67-5b-102;

(vi)	a student holding a license issued by the State Board of Education;

(vii)

an educational aide;

(viii)

a student engaged in an internship under Section 53B-16-402 or 53G-7-902;

(ix)	a volunteer, as defined in Section 67-20-2; and

(x)

a tutor. See Utah Code 63G-7-102

Governmental entity: means :

(a)	the state and its political subdivisions; and

(b)

a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103. See Utah Code 63G-7-102

Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}

Injury: means death, injury to a person, damage to or loss of property, or any other injury that a person may suffer to the person or estate, that would be actionable if inflicted by a private person or the private person's agent. See Utah Code 63G-7-102

(a)

A governmental entity may insure any or all of its employees against liability, in whole or in part, for injury or damage resulting from an act or omission occurring during the performance of an employee‘s duties, within the scope of employment, or under color of authority, regardless of whether or not that entity is immune from suit for that act or omission.

(b)	Any expenditure for that insurance is for a public purpose.

(c)

Under any contract or policy of insurance providing coverage on behalf of a governmental entity or employee for any liability defined by this section, regardless of the source of funding for the coverage, the insurer has no right to indemnification or contribution from the governmental entity or its employee for any loss or liability covered by the contract or policy.

(2)

Any surety covering a governmental entity or its employee under any faithful performance surety bond has no right to indemnification or contribution from the governmental entity or its employee for any loss covered by that bond based on any act or omission for which the governmental entity would be obligated to defend or indemnify under the provisions of Section 63G-7-902.

Renumbered and Amended by Chapter 382, 2008 General Session

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