§ 35-2-114 — Liability insurance authorized; effect of procurement

(a) The governing body of any county memorial hospital,
hospital district or other governmental agency which provides
health care services or mental health services within this state
may procure any type or amount of liability insurance coverage
as it deems prudent to cover any loss by reason of liability for
damages on account of injury, sickness or disease, death,
property loss or damage. This shall not be construed as creating
a liability of such county memorial hospital, hospital district
or governmental agency insuring itself, nor shall the failure to
procure any such insurance be construed as creating any
liability of the county memorial hospital, hospital district or
other governmental agency.
(b) To the extent of any such insurance coverage procured
by a county memorial hospital, hospital district or other
governmental agency providing health care or mental health
services, the defense of governmental immunity is expressly
waived. All defenses which would be available to a private
corporation in an action against the corporation are available
to the county memorial hospital, hospital district or other
health care governmental agency.
(c) None of these provisions shall be construed as waiving
the individual immunity of any employee, board member or officer
of a county memorial hospital, hospital district or other health
care governmental agency when the person is acting within the
scope of his employment or authority.