Section 22A Civil actions; liability, losses, expenses; insurance; limitation of actions - Massachusetts Statutes

Section 22A. The Authority shall be liable on all claims made as a result of the activities, whether ministerial or discretionary, of any member, officer, or employee of the Authority acting as such, except for willful dishonesty or intentional violation of the law, in the same manner and to the same extent as a private person under like circumstances; provided, however, that the Authority shall not be liable to levy or execution on any real or personal property to satisfy judgment, for interest prior to judgment, for punitive damages or for any amount in excess of one hundred thousand dollars.

No person shall be liable to the commonwealth, to the Authority or to any other person as a result of his activities, whether ministerial or discretionary, as a member, officer or employee of the Authority except for willful dishonesty or intentional violation of the law; provided, however, that such person shall provide reasonable cooperation to the Authority in the defense of any claim. Failure of such person to provide reasonable cooperation shall cause him to be jointly liable with the Authority, to the extent that such failure prejudiced the defense of the action.

The Authority may indemnify or reimburse any person, or his personal representative, for losses or expenses, including legal fees and costs, arising from any claim, action, proceeding, award, compromise, settlement or judgment resulting from such person’s activities, whether ministerial or discretionary, as a member, officer or employee of the Authority; provided that the defense of settlement thereof shall have been made by counsel approved by the Authority. The Authority may procure insurance for itself and for its members, officers and employees against liabilities, losses and expenses which may be incurred by virtue of this section or otherwise.

No civil action hereunder shall be brought more than three years after the date upon which the cause thereof accrued.