In their complaint, appellees alleged the department was negligent in failing to train and supervise its staff; in failing to establish rules, regulations, and procedures designed to protect seriously ill patients; and in failing to provide adequate facilities to carry out such care. Citing Price v. Dept. of Transp., 257 Ga. 535 ( 361 S.E.2d 146) (1987), and Mayor c. of Flemington v. Boatwright, 259 Ga. 175 ( 377 S.E.2d 843) (1989), DHR asserted that appellees' claims were barred by sovereign immunity. The Court of Appeals distinguished Price on the ground that it involved a derivative liability claim and, after recognizing that the presence of liability insurance protection constitutes a waiver of sovereign immunity (see 1983 Ga. Const., Art. I, Sec. II, Par. IX), held that DHR was not entitled to summary judgment as it had not shown the non-existence of insurance coverage.