Request By:
Mr. Terry Stevens
Ballard County Attorney
Fourth & Ohio Street
Wickliffe, Kentucky 42087
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The Ballard County Fiscal Court has requested that you obtain an Attorney General's opinion on the following question:
"Does KRS 67.180 authorize the county to purchase liability insurance coverage on county vehicles, including county owned road graders, or other non-licensed vehicles owned by the county which are used on public roads."
You have written that the county insurance carrier has refused to sell the county liability on such vehicles due to the interpretation of OAG 77-609.
In that opinion, written to the former Ballard County Attorney, we pointed out, as we do now, that your county has permissive authority under KRS 67.180 to purchase liability insurance covering "vehicles operated by the county" and compensation insurance covering county employees receiving injuries arising out of and in the course of employment. (Emphasis added). Mr. Shadoan had written that the fiscal court of your county in the past procured a liability policy which was large and broad and contained a liability provision on "comprehensive general." Legal Counsel of the Department of Insurance of Kentucky has indicated to us that such a phrase would usually cover a variety of risks. Of course we do not have a copy of such a policy before us. However, it is our opinion that to the extent such a "comprehensive general" provision would involve risks outside of the categories of county vehicle insurance and county workmen's compensation insurance, such outside risks would be unauthorized by KRS 67.180. See Ginter v. Montgomery County, Ky., 327 S.W.2d 98 (1959); and Monroe County v. Rouse, Ky., 274 S.W.2d 477 (1955) 479.
It is our opinion that your fiscal court can purchase liability insurance coverage on all county owned and operated motor vehicles, including county owned road graders or other nonlicensed vehicles owned by the county and which are used on county roads. The term "vehicles operated by the county" is rather broad. Thus the term is so broad as to include any county motor vehicles used by the county for any governmental purpose, whether licensed or not. County vehicles not required to be licensed are mentioned in KRS 186.010(8)(a), such as road rollers, road graders, vehicles on which power shovels are mounted, etc.