In its supporting brief, the department argued that the determination in the federal action that Dr. Azar is immune from liability precludes the present action against the department. The department also argued that under Price v. Dept. of Transp., 257 Ga. 535 ( 361 S.E.2d 146) (1987), as well as Mayor c. of Flemington v. Boatwright, 259 Ga. 175 ( 377 S.E.2d 843) (1989), a waiver of sovereign immunity depends upon the presence of a governmental employee for whom liability insurance protection has been provided; in this case the only defendant is the department itself. The department also filed a counterclaim under Yost v. Torok, 256 Ga. 92 ( 344 S.E.2d 414) (1986), and OCGA ยง 9-15-14 for frivolous litigation in view of the disposition of the federal suit.