[§662D-2] Scope of immunity. (a) A volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if:
(1) The volunteer was acting in good faith and within the scope of the volunteer's official functions and duties for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity;
(2) The damage or injury was caused by the volunteer's negligent conduct; and
(3) With respect to a nonprofit organization, nonprofit corporation, or hospital, the entity for which the volunteer was acting either:
(A) Has a general liability policy in force, both at the time of injury and at the time the claim is made against the entity, and the minimum coverage is in an amount of not less than: $200,000 per occurrence and $500,000 aggregate; or
(B) Has total assets, exclusive of grants and allocations, of less than $50,000.
(b) In any suit against a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity for civil damages based upon the negligent act or omission of a volunteer, proof of the act or omission shall be sufficient to establish the responsibility of the entity therefor under the doctrine of respondeat superior, notwithstanding the immunity granted to the volunteer with respect to any act or omission included under subsection (a). [L 1997, c 351, pt of §2]
Section: Previous 662d-1 662d-2 662d-3 662d-4 NextLast modified: October 27, 2016