(a) As used in this section:
(1) “Employee” includes an officer, employee, or servant, whether or not compensated, but does not include an independent contractor.
(2) “Employment” includes office or employment.
(3) “Injury” means death, injury to a person, damage to or loss of property, or any other injury that a person may suffer to his person, reputation, character, feelings or estate, of such a nature that it would be actionable if inflicted by a private person.
(b) Except for a liability which may be insured against pursuant to Division 4 (commencing with Section 3201) of the Labor Code, any state agency may, subject to Section 11007.7:
(1) Insure itself against all or any part of any tort or inverse condemnation liability.
(2) Insure any employee of the state against all or any part of his liability for injury resulting from an act or omission in the scope of his employment.
(3) Insure against the expense of defending a claim against the state agency or its employee, whether or not liability exists on such claim.
(c) The insurance authorized by this section may be provided by:
(1) Self-insurance, which may be, but is not required to be, funded by appropriations to establish or maintain reserves for self-insurance purposes.
(2) Insurance in any insurer authorized to transact such insurance in this state.
(3) Insurance secured in accordance with Chapter 6 (commencing with Section 1760) of Part 2 of Division 1 of the Insurance Code.
(4) Any combination of insurance authorized by paragraphs (1), (2) and (3).
(d) The authority provided by this section to insure does not affect any other statute that authorizes or requires any state agency to insure against its liability or the liability of its employees. Except as otherwise provided in Section 11007.7, no other statute limits or restricts the authority to insure under this section.
(e) Neither the authority provided by this section to insure, nor the exercise of such authority, shall:
(1) Impose any liability on the state or an employee thereof unless such liability otherwise exists.
(2) Impair any defense the state or an employee thereof otherwise may have.
(Amended by Stats. 1971, Ch. 140.)
Last modified: October 25, 2018