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183.125 Purchase of liability insurance.

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183.125 Purchase of liability insurance. (1) The cabinet may purchase necessary insurance to provide adequate protection for the public; its authorized pilots and employees; pilots employed by other <br>departments of state government; aircraft owned, leased or operated by the cabinet; <br>aircraft owned, leased or operated by other departments of state government; the <br>health and lives of persons being transported in aircraft owned, leased or operated <br>by authorized pilots employed by the state. (2) The commissioner of insurance, upon recommendation of the secretary of the Transportation Cabinet, shall initiate and be responsible for the purchase of such <br>insurance. If other departments of state government desire that their pilots, <br>employees, aircraft and passengers shall be insured under such policy, then the <br>commissioner of insurance shall prorate the cost of the insurance among the <br>departments participating. (3) Each policy shall contain a provision reciting that the defense of immunity of the state against such liability shall be waived, but only to the extent of the limits of the <br>policy. Judgment against the state in any case shall not exceed the limits of the <br>policy. The venue of action shall be as provided by the civil rules. The limits of <br>liability of the policy shall be determined by the commissioner of insurance, the <br>secretary of the Transportation Cabinet and the commissioners of any other <br>participating departments. (4) Any policy purchased under this section, shall be purchased only from insurers authorized to do business in this state and shall be countersigned by a licensed <br>resident agent. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 232, effective July 15, 2010. -- Created 1960 Ky. Acts ch. 179, sec. 80, effective March 25, 1960.