§ 116-40.2. Authorization to purchase insurance in connection with construction and operation of nuclear reactors.
§ 116‑40.2. Authorization to purchase insurance in connection with construction andoperation of nuclear reactors.
In connection with the construction of, assembling of, use andoperation of, any nuclear reactor now owned or hereafter acquired by it, NorthCarolina State University is hereby authorized and empowered to procure properinsurance against the hazards of explosion, implosion, radiation and any otherspecial hazards unique to nuclear reactors, including nuclear fuel and allother components thereto. Further, North Carolina State University isauthorized to enter into agreements with the United States Atomic EnergyCommission prerequisite to licensing by that agency of nuclear reactors and tomaintain as a part of such agreement or agreements appropriate insurance inamounts required by the Atomic Energy Commission of nuclear reactor licenses.
To the extent that North Carolina State University shall obtaininsurance under the provisions of this section, it is hereby authorized andempowered to waive its governmental immunity from liability for damage toproperty or injury to or death to persons arising from the assembling,construction of, use and operation of nuclear reactors. Such immunity shall bedeemed to have been waived by the act of obtaining such insurance, but only tothe extent that North Carolina State University is indemnified by suchinsurance.
Any contract of insurance purchased pursuant to this section must beissued by a company or corporation duly licensed and authorized to do a businessof insurance in this State except to the extent that such insurance may befurnished by or through a governmental agency created for the purpose ofinsuring against such hazards or through reinsurance pools or associationsestablished to insure against such hazards.
Any person sustaining property damage or personal injury may sue NorthCarolina State University for damages for injury arising out of theconstruction, assembly, use or operation of a nuclear reactor on the campus ofthe University in the Superior Court of Wake County, and to the extent that theUniversity is indemnified by insurance, it shall be no defense to any suchaction that the University was engaged in the performance of a governmental ordiscretionary function of the University. In the case of death alleged to havebeen caused by the assembly, construction, use or operation of such nuclearreactor, the personal representative of the deceased person may bring suchaction.
Nothing in this section shall in any way affect any other actions whichhave been or may hereafter be brought under the Tort Claims Act against NorthCarolina State University, nor shall the provisions of this section in any wayabrogate or replace the provisions of the Workers' Compensation Act. (1969, c. 1023; 1971, c. 1244, s. 10; 1991, c. 636, s.3; 1993, c. 553, s. 33.)