§ 58-31-25. Professional liability insurance for officials and employees of the State. - North Carolina Statutes

§58‑31‑25.  Professional liability insurance for officials andemployees of the State.

The Commissioner may acquireprofessional liability insurance covering the officers and employees of anyState department, institution or agency upon the request of such Statedepartment, institution or agency.  Premiums for such insurance coverage shallbe paid by the requesting department, institution or agency at rates fixed bythe Commissioner from funds made available to it for the purpose.  TheCommissioner, in placing a contract for such insurance is authorized to placesuch insurance through the Public Officers and Employees' Liability InsuranceCommission, and shall exercise all efforts to place  such insurance through thesaid commission prior to attempting to procure such insurance through any othersource.

The Commissioner, pursuant tothis section, may acquire professional liability insurance covering theofficers and employees of a department, institution or agency of Stategovernment only if the coverage to be provided by such policy is coverage ofclaims in excess of the protection provided by Articles 31 and 31A of Chapter143 of the General Statutes.

The purchase, by any Statedepartment, institution or agency of professional liability insurance coveringthe law‑enforcement officers, officers or employees of such department,institution or agency shall not be construed as a waiver of any defense ofsovereign immunity by such department, institution or agency.  The purchase ofsuch insurance shall not be deemed a waiver by any employee of the defense ofsovereign immunity to the extent that such defense may be available to him.

The payment, by any Statedepartment, institution or agency of funds as premiums for professionalliability insurance through the plan provided herein, covering the law‑enforcementofficers or officials or employees of such department, institution or agency ishereby declared to be for a public purpose. (1979, c. 206, s. 1; 1987, c.864, s. 53; 1991, c. 720, s. 4.)