Section 11-30-1
Section 11-30-1
Definitions.
For the purpose of this chapter the following terms shall have the meanings subscribed to them by this section:
(1) LIABILITY SELF-INSURANCE FUND. An entity or entities, to be formed by two or more counties of Alabama for the purpose of pooling resources and funds to self-insure such counties and/or their officers and employees acting in the line and scope of their employment against loss for money damages which any person or other entity is legally entitled to recover from a member county or its officers and employees for damages suffered as a result of a claim as defined under this chapter.
(2) MEMBER COUNTY. A county which elects to pool its resources and funds with one or more other counties for the purpose of forming a liability self-insurance fund.
(3) CLAIM. Any claim filed against a member county or suit against a member county for money damages which any person or other entity is legally entitled to recover for damages suffered as a result of bodily injury, death or property damage caused by a negligent or wrongful act or omission committed by any employee, officer or servant of the member county while acting within the line and scope of his employment under circumstances where the member county would be liable to the claimant for such damages under the laws of the state of Alabama.
(Acts 1986, No. 86-499, p. 954, §1.)Section 11-30-2
Section 11-30-2
Establishment of liability self-insurance fund by two or more counties; appropriation of funds.
Any group of two or more counties of the state of Alabama may establish a liability self-insurance fund for the purpose of pooling its resources and funds to provide coverage for each member county and/or its officers and employees on account of a claim as defined in this chapter. Member counties may appropriate such funds as necessary to the liability self-insurance fund created hereunder.
(Acts 1986, No. 86-499, p. 954, §2.)Section 11-30-3
Section 11-30-3
Powers of liability self-insurance fund.
Each liability self-insurance fund established under provisions of this chapter shall have the power and authority to establish a governing body of trustees; establish bylaws for the governing of such group; enter into contracts with member counties; establish a schedule of benefits payable; establish a schedule of charges to be collected from member counties for benefits provided; enter into contracts with solvent insurance companies authorized to do business in this state; enter into management and consultant contracts; hire attorneys and employees; and, exercise such powers and authority incident to the purposes of this chapter.
(Acts 1986, No. 86-499, p. 954, §3.)Section 11-30-4
Section 11-30-4
Filing of bylaws and schedule of benefits and charges with state insurance commissioner; exemption from regulation and from premium tax.
Each liability self-insurance fund established under the provisions of this chapter shall file with the state insurance commissioner a copy of its bylaws and schedule of benefits and charges. Such group, however, shall be exempt from regulation by the department of insurance of the state of Alabama and all premiums or charges collected shall be exempt from insurance premium tax.
(Acts 1986, No. 86-499, p. 954, §4.)Section 11-30-5
Section 11-30-5
Liability coverage not to exceed damages provided in section 11-93-2.
No liability self-insurance fund established under provisions of this chapter shall establish a schedule of benefits providing liability coverage for a county in excess of those damages provided in section 11-93-2, as amended, (section 2, Act No. 673, Acts of Alabama 1977, page 1161), and as the same may be amended.
(Acts 1986, No. 86-499, p. 954, §5.)Section 11-30-6
Section 11-30-6
Chapter not intended to impose tort liability where not already existing by law.
This chapter is not intended and shall not be construed to subject any county or its officers and employees to liability for tort claims where liability therefor does not already exist by law.
(Acts 1986, No. 86-499, p. 954, §6.)Section 11-30-7
Section 11-30-7
Liability self-insurance fund not subject to suit by third party based on claim against county; scope of liability.
No liability self-insurance fund nor the trustees thereof shall be subject to suit by any third party on account of a claim against a member county or its officers and employees. It shall incur no liability to any party other than that authorized and contracted for under provisions of this chapter.
(Acts 1986, No. 86-499, p. 954, §7.)
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