Arizona Laws 12-982. Qualified immunity; insurance coverage
A. A volunteer is immune from civil liability in any action based on an act or omission of a volunteer resulting in damage or injury if:
Terms Used In Arizona Laws 12-982
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Governmental entity: means a county, municipality, school district, chartered unit or subdivision, a governmental unit or other special district or similar entity or any association, authority, board, commission, division, office, officer, task force or other agency of this state. See Arizona Laws 12-981
- Hospital: means a health care facility, whether organized for profit or not, which provides medical services, nursing services, health screening services, other health-related services or supervisory care services. See Arizona Laws 12-981
- Nonprofit corporation: means a corporation that is exempt from taxation pursuant to section 501(a) of the internal revenue code. See Arizona Laws 12-981
- Nonprofit organization: means an organization that is exempt from taxation pursuant to section 501(c) of the internal revenue code. See Arizona Laws 12-981
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Volunteer: means a person who performs services for a nonprofit corporation or nonprofit organization, hospital or governmental entity without compensation other than reimbursement of actual expenses incurred. See Arizona Laws 12-981
1. The volunteer acted in good faith and within the scope of the volunteer’s official functions and duties for a nonprofit corporation or nonprofit organization, hospital or governmental entity.
2. The damage or injury was not caused by wilful, wanton or grossly negligent misconduct by the volunteer.
B. Notwithstanding subsection A of this section, in any suit against a nonprofit corporation or nonprofit organization, hospital or governmental entity for civil damages based on the negligent act or omission of a volunteer, proof that the act or omission was within the scope of the volunteer’s official functions and duties is sufficient to establish the vicarious liability, if any, of the organization.
C. A motor vehicle liability policy, as defined in section 28-4001, which provides coverage to the operator of a motor vehicle is subject to the following provisions which need not be contained in the policy. The liability of the insurance carrier with respect to the insured and any other person using the vehicle with the express or implied permission of the insured shall extend to provide excess coverage for a nonprofit corporation or nonprofit organization for the acts of the operator in operating a motor vehicle at all times when the operator is acting as a volunteer for that nonprofit corporation or nonprofit organization.