Proposed substitute would let Virginia localities insure workers and limit damages

If a locality or political subdivision provides insurance or self-insurance under this section, that coverage would count as a waiver of immunity. This applies to localities and political subdivisions and the people and entities listed in subsection A. Damages against a covered person or entity generally could not exceed the combined insurance and self-insurance coverage. That limit would not apply to a judgment based on gross negligence or willful or wanton misconduct.

A locality or political subdivision could provide liability insurance or self-insurance for listed people and entities. The list includes local officials, employees, agents, and volunteers; boards, commissions, authorities, and local agencies; constitutional officers and their employees; and emergency medical directors and physician course directors for qualifying local emergency medical services agencies or training programs. Coverage may pay costs tied to claims over death, injury, property damage, civil rights violations, other constitutional torts, or certain motor vehicle use. The locality or subdivision would have no duty to defend or pay for conduct outside official duties, done maliciously, or excluded by the policy.