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Terms Used In 12 Guam Code Ann. § 6205

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
(a) To the extent that any liability of the government of Guam or of the Authority is covered by a policy or policies of insurance, the government waives the limitation of liability found in § 6301, Title 5, GCA; provided, that the government shall not be liable in damages for tort in any amount which exceeds the coverage of insurance and the limitation of liability contained in § 6301of Title 5, GCA.

(b) All claims made against any policy of insurance purchased by the Authority shall be made in accordance with the procedures and time limitations set forth in the Government Claims Act, except that all claims not in excess of the face amount of the policy shall be presented to the

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12 Guam Code Ann. AUTONOMOUS AGENCIES
CH. 6 GUAM REGIONAL TRANSIT AUTHORITY

Executive Manager of the Authority, who shall present the same to the insurance carrier, carriers or to their designated agents for processing.

(c) If a claim is in excess of the applicable insurance coverage, then the Executive Manager of the Authority shall also present a copy of the claim to the Attorney General, who shall then coordinate the claim as between the government and the insurance carriers, and who shall represent the government in the event of a dispute between the government and the insurance carriers. In the event of said dispute, the Attorney for the Authority shall represent the interests of the Authority.

(d) Each policy of insurance written covering the Authority or its interest shall contain a clause waiving any defense of sovereign immunity which may be raised against the payment of the claim by carrier.

(e) The Executive Manager shall publish, in a newspaper of general circulation in Guam, within ten (10) days after the effective date of any policy insurance purchased. All claims against the authority shall be filed with the authority.

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