Virginia SB 228

Localities; liability insurance; certain waiver of sovereign immunity. Provides that a locality or political subdivision may provide liability insurance, including self-insurance, to cover damages or other expenses in certain civil actions arising out of an act or omission of certain officers, employees, board or commission members, or volunteers while such person is acting within the scope of his official duties. The bill provides that the provision of such liability insurance or self-insurance shall constitute a waiver of sovereign immunity in an amount not to exceed the combined total of any self-insurance coverage, insurance coverage under a group self-insurance pool, or any coverage pursuant to a policy purchased from an insurance company, including any excess or reserve coverage. The bill also provides that the insurer or self-insured shall not have a duty to defend or indemnify any covered person in cases where the act or omission took place outside the scope of such covered person's employment or official duties, where such act or omission was done maliciously or occurred as a result of gross negligence or willful misconduct, or is otherwise excluded by the terms of the policy.