North Carolina General Statutes 115D-24. Waiver of governmental immunity from liability for negligence of agents and employees of institutions; liability insurance
Terms Used In North Carolina General Statutes 115D-24
- institution: refers to any institution established pursuant to this Chapter. See North Carolina General Statutes 115D-2
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- 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.
The board of trustees of any institution, by obtaining liability insurance as provided in N.C. Gen. Stat. § 115D-53, is authorized to waive its governmental immunity from liability for the death or injury of person or for property damage caused by the negligence or tort of any agent or employee of the board of trustees when the agent or employee is acting within the scope of his authority or the course of his employment. All automobiles, buses, trucks, or other motor vehicles intended primarily for use on the public roads and highways which are the property of a board of trustees shall be insured at all times with liability insurance as provided in N.C. Gen. Stat. § 115D-53 Governmental immunity shall be deemed to have been waived by the act of obtaining liability insurance, but only to the extent that the board is indemnified for the negligence or torts of its agents and employees and only as to claims arising after the procurement of liability insurance and while such insurance is in force. (1963, c. 448, s. 23; 1979, c. 462, s. 2.)