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The governing body of any municipality may procure insurance against liability of the
municipality and its officers, employees, and agents for damages, including punitive damages,
resulting from its torts and those of its officers, employees, and agents, including torts specified in
section 466.03 for which the municipality is immune from liability. The insurance may provide
protection in excess of the limit of liability imposed by section 466.04. If a municipality other
than a school district has the authority to levy taxes, the premium costs for such insurance may be
levied in excess of any per capita or local tax rate tax limitation imposed by statute or charter.
Any independent board or commission in the municipality having authority to disburse funds for
a particular municipal function without approval of the governing body may similarly procure
liability insurance with respect to the field of its operation. The procurement of such insurance
constitutes a waiver of the limits of governmental liability under section 466.04 only to the extent
that valid and collectible insurance, including where applicable, proceeds from the Minnesota
Insurance Guaranty Association, exceeds those limits and covers the claim. The purchase of
insurance has no other effect on the liability of the municipality or its employees. Procurement
of commercial insurance, participation in a self-insurance pool pursuant to section 471.981, or
provision for an individual self-insurance plan with or without a reserve fund or reinsurance shall
not constitute a waiver of any governmental immunities or exclusions.
History: 1963 c 798 s 6; 1977 c 447 art 6 s 11; 1983 c 314 art 6 s 30; 1984 c 463 art 6 s
12; 1987 c 79 s 1; 1987 c 260 s 1; 1987 c 344 s 9; 1987 c 398 art 1 s 22; 1988 c 719 art 5 s 84;
1Sp1989 c 1 art 2 s 11; 1992 c 513 art 4 s 44; 2006 c 212 art 1 s 18

Official Publication of the State of Minnesota
Revisor of Statutes