670.7 Insurance. 1. The governing body of a municipality may purchase a policy of liability insurance insuring against all or any part of liability which might be incurred by the municipalityor its officers, employees, and agents under section 670.2 and section 670.8 and maysimilarly purchase insurance covering torts specified in section 670.4. The governing bodyof a municipality may adopt a self-insurance program, including but not limited to theinvestigation and defense of claims, the establishment of a reserve fund for claims, thepayment of claims, and the administration and management of the self-insurance program,to cover all or any part of the liability. The governing body of a municipality may join andpay funds into a local government risk pool to protect the municipality against any or allliability, loss of property, or any other risk associated with the operation of the municipality.The governing body of a municipality may enter into insurance agreements obligatingthe municipality to make payments beyond its current budget year to provide or procurethe policies of insurance, self-insurance program, or local government risk pool. insurance agreements obligatingthe municipality to make payments beyond its current budget year to provide or procurethe policies of insurance, self-insurance program, or local government risk pool. The premium costs of the insurance, the costs of a self-insurance program, the costs of a localgovernment risk pool, and the amounts payable under the insurance agreements may bepaid out of the general fund or any available funds or may be levied in excess of any taxlimitation imposed by statute. However, for school districts, the costs shall be included in thedistrict management levy as provided in section 296.7 if the district has certified a districtmanagement levy. If the district has not certified a district management levy, the cost shallbe paid from the general fund. Any independent or autonomous board or commission in themunicipality having authority to disburse funds for a particular municipal function withoutapproval of the governing body may similarly enter into insurance agreements, procureliability insurance, adopt a self-insurance program, or join a local government risk poolwithin the field of its operation. 2. the governing body may similarly enter into insurance agreements, procureliability insurance, adopt a self-insurance program, or join a local government risk poolwithin the field of its operation. 2. The procurement of this insurance constitutes a waiver of the defense of governmental immunity as to those exceptions listed in section 670.4 to the extent stated in the policy butshall have no further effect on the liability of the municipality beyond the scope of this chapter,but if a municipality adopts a self-insurance program or joins and pays funds into a localgovernment risk pool the action does not constitute a waiver of the defense of governmentalimmunity as to the exceptions listed in section 670.4. 3. The existence of any insurance which covers in whole or in part any judgment or award which may be rendered in favor of the plaintiff, or lack of any such insurance, shall not bematerial in the trial of any action brought against the governing body of a municipality, or itsofficers, employees, or agents, and any reference to such insurance, or lack of insurance,is grounds for a mistrial. he trial of any action brought against the governing body of a municipality, or itsofficers, employees, or agents, and any reference to such insurance, or lack of insurance,is grounds for a mistrial. A self-insurance program or local government risk pool is notinsurance and is not subject to regulation under chapters 505 through 523C. 4. The association of Iowa fairs or a fair as defined in section 174.1 and a library district established pursuant to section 336.2 shall each be deemed a municipality as defined in thischapter only for the purpose of joining a local government risk pool as provided in this section. [C71, 73, 75, 77, 79, 81, §613A.7]86 Acts, ch 1211, §34; 89 Acts, ch 135, §123C93, §670.794 Acts, ch 1175, §17; 2008 Acts, ch 1139, §3; 2008 Acts, ch 1191, §132; 2018 Acts, ch 1145, §1 – 3 Referred to in §174.8A, 285.10 Sat Dec 23 12:24:28 2023 Iowa Code 2024, Section 670.7 (15, 0)
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