Title 6 — ACTIONS IN PARTICULAR CASES

6-901. Short title. This act shall be known and may be cited as the "Idaho tort claims act."

6-902. Definitions. As used in this act: 1. "State" means the state of Idaho or any office, department, agency, authority, commission, board, institution, hospital, college, university or other instrumentality thereof. 2. "Political subdivision" means any county, city, municipal …

6-902A. Supervisory physician. (1) For purposes of this chapter only, a supervisory physician shall be considered an employee. (2) As used in this section: (a) "Supervisory duties" means those administrative duties of a physician who supervises personnel affiliated with a license…

6-903. Liability of governmental entities — Defense of employees. (1) Except as otherwise provided in this act, every governmental entity is subject to liability for money damages arising out of its negligent or otherwise wrongful acts or omissions and those of its employees acti…

6-904. Exceptions to governmental liability. A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent shall not be liable for any claim which: 1. Arises out of any act or omission of an employee of …

6-904A. Exceptions to governmental liability. A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code, shal…

6-904B. Exceptions to governmental liability. A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without gross negligence or reckless, willful and wanton conduct as defined in section 6-90…

6-904C. Definitions. For the purposes of this chapter, and this chapter only, the following words and phrases shall be defined as follows: 1. "Gross negligence" is the doing or failing to do an act which a reasonable person in a similar situation and of similar responsibility wou…

6-905. Filing claims against state or employee — Time. All claims against the state arising under the provisions of this act and all claims against an employee of the state for any act or omission of the employee within the course or scope of his employment shall be presented to …

6-906. Filing claims against political subdivision or employee — Time. All claims against a political subdivison arising under the provisions of this act and all claims against an employee of a political subdivision for any act or omission of the employee within the course or sco…

6-906A. Time for filing claims by minors. (1) Except as provided in subsection (2) of this section, no person who is a minor shall be required to present and file a claim against a governmental entity or its employee under this chapter until one hundred eighty (180) days after sa…

6-907. Contents of claims — Filing by agent or attorney — Effect of inaccuracies. All claims presented to and filed with a governmental entity shall accurately describe the conduct and circumstances which brought about the injury or damage, describe the injury or damage, state th…

6-908. Restriction on allowance of claims. No claim or action shall be allowed against a governmental entity or its employee unless the claim has been presented and filed within the time limits prescribed by this act.

6-909. Time for allowance or denial of claims — Effect of failure to act. Within ninety (90) days after the filing of the claim against the governmental entity or its employee, the governmental entity shall act thereon and notify the claimant in writing of its approval or denial.…

6-910. Suit on denied claims permitted. If the claim is denied, a claimant may institute an action in the district court against the governmental entity or its employee in those circumstances where an action is permitted by this act.

6-911. Limitation of actions. Every claim against a governmental entity permitted under the provisions of this act or against an employee of a governmental entity shall be forever barred, unless an action is begun within two (2) years after the date the claim arose or reasonably …

6-912. Compromise and settlement by governing body. The governing body of each political subdivision, after conferring with its legal officer or counsel, may compromise and settle any claim allowed by this act, subject to the terms of the insurance, if any.

6-913. Compromise and settlement by board of examiners. The board of examiners may compromise and settle any claim allowed by this act, subject to the terms of the insurance, if any.

6-914. Jurisdiction — Rules of procedure. The district court shall have jurisdiction over any action brought under this act and such actions shall be governed by the Idaho rules of civil procedure insofar as they are consistent with this act.

6-915. Venue. Actions against the state or its employee shall be brought in the county in which the cause of action arose or in Ada County. In addition, a resident of the state of Idaho may bring an action in the county of his residence. Actions against a political subdivision or…

6-916. Service of summons. In all actions under this act against the state or its employee the summons and complaint shall be served on the secretary of state with a copy to the attorney general. This section shall not be construed to release the party making service of process f…

6-917. Recovery against governmental entity bar to action against employee. Recovery against a governmental entity under the provisions of this act shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee whose negl…

6-918. No punitive damages. Governmental entities and their employees shall not be liable for punitive damages on any claim allowed under the provisions of this act.

6-918A. Attorneys’ fees. At the time and in the manner provided for fixing costs in civil actions, and at the discretion of the trial court, appropriate and reasonable attorney fees may be awarded to the claimant, the governmental entity or the employee of such governmental entit…

6-919. Liability insurance for state — Comprehensive plan by division of insurance management. The administrator of the division of insurance management in the department of administration shall provide a comprehensive liability plan which will cover and protect the state and its…

6-920. Liability insurance for state procured by division of insurance management. No state agency or institution other than the administrator of the division of insurance management in the department of administration may procure liability insurance under this act. All state age…

6-921. Apportionment of cost of state plan. The administrator of the division of insurance management in the department of administration shall apportion the cost of the comprehensive liability plan under this act to the individual agencies and institutions and the costs shall be…

6-922. Payment by state of claims or judgments when no insurance. In the event no insurance has been procured by the state to pay a claim or judgment arising under the provisions of this act, the claim or judgment shall be paid from the next appropriation of the state instrumenta…

6-923. Authority of political subdivisions to purchase insurance. All political subdivisions of the state shall have the authority to purchase the necessary liability insurance for themselves and their employees.

6-924. Policy limits — Minimum requirements. Every policy or contract of insurance or comprehensive liability plan of a governmental entity as permitted under the provisions of this chapter shall provide that the insurance carrier pay on behalf of the insured governmental entity …

6-925. Policy terms not complying with act — Construction — Exception. Any insurance policy, rider or indorsement hereafter issued and purchased to insure against any risk which may arise as a result of the application of this act, which contains any condition or provision not in…

6-926. Judgment or claims in excess of comprehensive liability plan — Reduction by court — Limits of liability. (1) The combined, aggregate liability of a governmental entity and its employees for damages, costs and attorney’s fees under this chapter, on account of bodily or pers…

6-927. Tax levy to pay comprehensive liability plan. Notwithstanding any provisions of law to the contrary, all political subdivisions shall have authority to levy an annual property tax in the amount necessary to provide for a comprehensive liability plan whether by the purchase…

6-928. Tax levy to pay claim or judgment. Notwithstanding any provisions of law to the contrary and in the event there are no funds available, the political subdivision shall levy and collect a property tax, at the earliest time possible, in an amount necessary to pay a claim or …

6-929. Limitation of liability of volunteer firemen. For the purposes of chapter 9, title 6, Idaho Code, a volunteer fireman is an employee of a governmental entity. A "volunteer fireman" means any person who contributes his services to a volunteer fire department organized pursu…