Guam § 6205 - Limited Liability.

§ 6205. Limited Liability.

(a) To the extent that any liability of the government of Guam or of the Authority is covered by a

policy or policies of insurance, the government waives the limitation of liability found in § 6301, Title 5,

GCA; provided, that the government shall not be liable in damages for tort in any amount which exceeds

the coverage of insurance and the limitation of liability contained in § 6301of Title 5, GCA.

(b) All claims made against any policy of insurance purchased by the Authority shall be made in

accordance with the procedures and time limitations set forth in the Government Claims Act, except that

all claims not in excess of the face amount of the policy shall be presented to the Executive Manager of the

Authority, who shall present the same to the insurance carrier, carriers or to their designated agents for

processing.

(c) If a claim is in excess of the applicable insurance coverage, then the Executive Manager of the

Authority shall also present a copy of the claim to the Attorney General, who shall then coordinate the

claim as between the government and the insurance carriers, and who shall represent the government in the

event of a dispute between the government and the insurance carriers. In the event of said dispute, the

Attorney for the Authority shall represent the interests of the Authority.

(d) Each policy of insurance written covering the Authority or its interest shall contain a clause waiving

any defense of sovereign immunity which may be raised against the payment of the claim by carrier.

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(e) The Executive Manager shall publish, in a newspaper of general circulation in Guam, within ten

(10) days after the effective date of any policy insurance purchased. All claims against the Authority shall

be filed with the Authority.

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