Printable Format75-6111. Same; purchase of insurance; interlocal agreements for purchase of insurance or pooling arrangements. (a) A governmental entity may obtain insurance to provide for (1) its defense, (2) for its liability for claims pursuant to this act, including liability for civil rights actions as provided in K.S.A. 75-6116 and amendments thereto, (3) the defense of its employees, and (4) for medical payment insurance when purchased in conjunction with insurance authorized by (1), (2) or (3) above.
Any insurance purchased under the provisions of this section may be purchased from any insurance company or association. In the case of municipalities any such insurance may be obtained by competitive bids or by negotiation. In the case of the state, any such insurance shall be purchased in the manner and subject to the limitations prescribed by K.S.A. 75-4114, and amendments thereto, except as provided in K.S.A. 76-749, and amendments thereto. With regard to claims pursuant to the Kansas tort claims act, insurers of governmental entities may avail themselves of any defense that would be available to a governmental entity defending itself in an action within the scope of this act, except that the limitation on liability provided by subsection (a) of K.S.A. 75-6105 and amendments thereto shall not be applicable where the contract of insurance provides for coverage in excess of such limitation in which case the limitation on liability shall be fixed at the amount for which insurance coverage has been purchased or, where the governmental entity has entered into a pooling arrangement or agreement pursuant to subsection (b)(2) and has provided for coverage in excess of such limitation by ordinance or resolution of its governing body, in which case the limitation on liability shall be fixed at the amount specified in such ordinance or resolution.
(b) Pursuant to the interlocal cooperation act, municipalities may enter into interlocal agreements providing for:
(1) The purchase of insurance to provide for the defense of employees and for liability for claims pursuant to this act; or
(2) pooling arrangements or other agreements to share and pay expenditures for judgments, settlements, defense costs and other direct or indirect expenses incurred as a result of implementation of this act including, but not limited to, the establishment of special funds to pay such expenses.
History: L. 1979, ch. 186, § 11; L. 1986, ch. 330, § 4; L. 1987, ch. 74, § 16; L. 1987, ch. 353, § 6; July 1.
Law Review and Bar Journal References:
"A Practitioner's Guide to the Kansas Tort Claims Act," Jerry R. Palmer, 48 J.B.A.K. 299, 309 (1979).
"Survey of Kansas Law: Civil Procedure," 29 K.L.R. 449 (1981).
"Cooperation By Contract: Interlocal Agreements," Theresa Marcel Nuckolls, 59 J.K.B.A. No. 3, 25 (1990).
Attorney General's Opinions:
Interlocal agreements for purchase of insurance or pooling arrangements. 80-17, 80-185.
University of Kansas institutional review boards are covered by tort claims act. 81-139.
Costs for defense of municipalities or its employees; special liability expense fund, establishment and maintenance; liability insurance. 85-72.
City ordinances; validity of local preference legislation. 85-121.
Liability of governmental entities; townships. 86-18.
Joint water district; city of Lansing and Delaware township; nature of the joint board. 86-103.
Tort claims act; purchase of insurance. 88-160.
CASE ANNOTATIONS
1. Statutory liability limit of act inapplicable where insurance purchased providing greater coverage. Jackson v. City of Kansas City, 235 Kan. 278, 320, 680 P.2d 877 (1984).
2. Exception to limitation under K.S.A. 75-6105(a) prevents summary judgment on damages question over $500,000. Lee v. Wyandotte County, Kan., 586 F. Supp. 236, 239 (1984).
3. Liability limits not applicable where insurance coverage exceeds limits. Kansas State Bank & Tr. Co. v. Specialized Transportation Services, Inc., 249 Kan. 348, 377, 819 P.2d 587 (1991).
4. While the statute allows a governmental entity to purchase insurance that is above the statutory damages cap of $500,000 found in K.S.A. 75-6105, the additional insurance coverage does not eliminate, replace or supersede the statutory damages cap. Abramovitz v. Atl. Speciality Ins. Co., 739 F. Supp. 3d 937, 946 (D. Kan. 2024).