Subdivision 1. Limit on amount of liability. A treatment facility organized as a nonprofit corporation under chapter 317A that accepts individuals for treatment under a court order or an order of the commissioner of corrections as part of an adult or juvenile corrections program is subject to the same liability limits provided for state agencies under section 3.736, subdivision 4, with respect to claims against the facility arising out of the treatment of those individuals or the activities of those individuals while in the care of the program, if the treatment facility procures insurance against liability for claims described under this section, which insurance is in an amount equal to the greater of $500,000 per claim or occurrence or the amounts specified for the state under section 3.736, subdivision 4. This section does not apply if the conduct of a facility was intentional or grossly negligent.
Subd. 2. Effect of excess liability insurance. Notwithstanding subdivision 1, if a treatment facility has insurance coverage in excess of the liability limits under section 3.736, subdivision 4, the procurement of that insurance constitutes a waiver of those limits but only to the extent that valid and collectible insurance exceeds those limits and covers a claim. The purchase of excess insurance has no other effect on the liability of the treatment facility.
1998 c 336 s 1
Structure Minnesota Statutes
Chapters 604 - 605 — Civil Actions
Chapter 604A — Civil Liability Limitations
Section 604A.01 — Good Samaritan Law.
Section 604A.015 — School Bus Driver Immunity From Liability.
Section 604A.02 — Aid To Shooting Victim.
Section 604A.03 — Hazardous Materials Response Incident Aid.
Section 604A.04 — Good Samaritan Overdose Prevention.
Section 604A.05 — Good Samaritan Overdose Medical Assistance.
Section 604A.06 — Aid To Sexual Assault Victims.
Section 604A.10 — Liability Of Food Donors.
Section 604A.12 — Livestock Activities; Immunity From Liability.
Section 604A.13 — Miscellaneous Volunteer And Charitable Activities.
Section 604A.21 — Recreational Land Use; Definitions.
Section 604A.22 — Owner's Duty Of Care Or Duty To Give Warnings.
Section 604A.23 — Owner's Liability.
Section 604A.24 — Liability; Leased Land, Water-filled Mine Pits; Municipal Power Agency Land.
Section 604A.25 — Owner's Liability; Not Limited.
Section 604A.26 — Land User's Liability.
Section 604A.27 — Dedication; Easement.
Section 604A.30 — Breath Alcohol Testing Device In Liquor Establishments.
Section 604A.301 — Limited Liability For Certain Nonprofit Treatment Facilities.
Section 604A.31 — Miscellaneous Public Benefit Or Function.
Section 604A.32 — Alternative Dispute Resolution Immunity.
Section 604A.33 — Reference Checks By Certain Health Care Providers And Facilities.