CONSTITUTION OF GEORGIA Immunity from Suit: Provide for Partial Waiver

The Resolution proposed an amendment to the Georgia Constitution which would have clarified the waiver of sovereign immunity when a state agency provided liability insurance coverage. Sovereign immunity would be waived by the purchase of insurance which covered the agency itself, but only for claims which were included in the coverage and only to the extent that any damages awarded would actually be paid by the insurer. The purchase of liability insurance covering state officers and employees would waive neither sovereign nor official immunity. The Resolution expressly stated that immunity of counties, municipalities and school districts would not be subject to the proposed amendment.