Ward v. Bulloch County

Supreme Court of Georgia

Ward v. Bulloch County

365 S.E.2d 440, 258 Ga. 92, 1988 Ga. LEXIS 77

CourtSupreme Court of Georgia

DecidedMarch 16, 1988

Docket45155

StatusPublished

Cited by18 cases

This text of 365 S.E.2d 440 (Ward v. Bulloch County) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ward v. Bulloch County, 365 S.E.2d 440, 258 Ga. 92, 1988 Ga. LEXIS 77 (Ga. 1988).

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Opinions

Clarke, Presiding Justice.

At issue on appeal is the interpretation of Article I, Section II, Paragraph IX of the Constitution of the State of Georgia which [93]*93waives sovereign immunity “.. . as to those actions for the recovery of damages for any claim against the state or any of its departments and agencies for which liability insurance for such claims has been provided but only to the extent of any liability insurance provided.” (Emphasis supplied.)

Plaintiff Wayne Ward suffered an injury during his incarceration in Bulloch County Correctional Institute. Ward sued the county and the correctional institute alleging his injury resulted from the negligence of a correctional institute employee. Bulloch County had purchased a general liability insurance policy covering negligent acts of its employees. However, a declaratory judgment action filed by the insurer determined the insurer had no obligation to defend this action, or pay the claim, because the county had not complied with the notice terms of the policy. The county waited seventeen months to present Ward’s claim to the insurer. No evidence of bad faith was offered. In granting defendants’ motion for summary judgment the trial court held that sovereign immunity had been reinstated, since the insurer had no obligation to defend against or pay Ward’s claim. Ward appeals the grant of summary judgment.

The county is not required to purchase liability insurance and is entitled to sovereign immunity in the absence of insurance; however, the mere purchase of liability insurance does not automatically waive sovereign immunity. Rather, sovereign immunity is waived only when the insurer of a state entity satisfies a claim under the coverage provided. If payment is not required under the contract, and bad faith has not been shown, there is no waiver of immunity. Martin v. Ga. Dept. of Public Safety, 257 Ga. 300, 303 (357 SE2d 569) (1987).

Judgment affirmed.

All the Justices concur, except Smith and Weltner, JJ., who dissent.

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Clarke, Presiding Justice.

At issue on appeal is the interpretation of Article I, Section II, Paragraph IX of the Constitution of the State of Georgia which [93]*93waives sovereign immunity “.. . as to those actions for the recovery of damages for any claim against the state or any of its departments and agencies for which liability insurance for such claims has been provided but only to the extent of any liability insurance provided.” (Emphasis supplied.)

Plaintiff Wayne Ward suffered an injury during his incarceration in Bulloch County Correctional Institute. Ward sued the county and the correctional institute alleging his injury resulted from the negligence of a correctional institute employee. Bulloch County had purchased a general liability insurance policy covering negligent acts of its employees. However, a declaratory judgment action filed by the insurer determined the insurer had no obligation to defend this action, or pay the claim, because the county had not complied with the notice terms of the policy. The county waited seventeen months to present Ward’s claim to the insurer. No evidence of bad faith was offered. In granting defendants’ motion for summary judgment the trial court held that sovereign immunity had been reinstated, since the insurer had no obligation to defend against or pay Ward’s claim. Ward appeals the grant of summary judgment.

The county is not required to purchase liability insurance and is entitled to sovereign immunity in the absence of insurance; however, the mere purchase of liability insurance does not automatically waive sovereign immunity. Rather, sovereign immunity is waived only when the insurer of a state entity satisfies a claim under the coverage provided. If payment is not required under the contract, and bad faith has not been shown, there is no waiver of immunity. Martin v. Ga. Dept. of Public Safety, 257 Ga. 300, 303 (357 SE2d 569) (1987).

Judgment affirmed.

All the Justices concur, except Smith and Weltner, JJ., who dissent.

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40 F.3d 1176 (Eleventh Circuit, 1994)

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439 S.E.2d 906 (Supreme Court of Georgia, 1994)

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439 S.E.2d 40 (Court of Appeals of Georgia, 1993)

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430 S.E.2d 45 (Court of Appeals of Georgia, 1993)

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422 S.E.2d 552 (Supreme Court of Georgia, 1992)

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952 F.2d 1297 (Eleventh Circuit, 1992)

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404 S.E.2d 796 (Court of Appeals of Georgia, 1991)

DeKalb County v. Orwig

395 S.E.2d 824 (Court of Appeals of Georgia, 1990)

Rogers v. Rockdale County

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Ward v. Bulloch County

365 S.E.2d 440 (Supreme Court of Georgia, 1988)

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365 S.E.2d 440, 258 Ga. 92, 1988 Ga. LEXIS 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ward-v-bulloch-county-ga-1988.

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