§ 115D-24. Waiver of governmental immunity from liability for negligence of agents and employees of institutions; liability insurance. - North Carolina Statutes

§ 115D‑24.  Waiverof governmental immunity from liability for negligence of agents and employeesof institutions; liability insurance.

The board of trustees of any institution, by obtaining liabilityinsurance as provided in G.S. 115D‑53, is authorized to waive itsgovernmental immunity from liability for the death or injury of person or forproperty damage caused by the negligence or tort of any agent or employee ofthe board of trustees when the agent or employee is acting within the scope ofhis authority or the course of  his employment. All automobiles, buses, trucks,or other motor vehicles intended primarily for use on the public roads andhighways which are the property of a board of trustees shall be insured at all times with liability insurance as provided in G.S. 115D‑53. Governmentalimmunity shall be deemed to have been waived by the act of obtaining liabilityinsurance, but only to the extent that the board is indemnified for thenegligence or torts of its agents and employees and only as to claims arisingafter the procurement of liability insurance and while such insurance is inforce. (1963, c. 448, s. 23;1979, c. 462, s. 2.)