Oklahoma § 12-832 - Joint tort-feasors - Contribution - Indemnity - Exemptions

§ 12-832. Joint tort-feasors - Contribution - Indemnity - Exemptions

- Release, covenant not to sue, etc.

A. When two or more persons become jointly or severally liable

in tort for the same injury to person or property or for the same

wrongful death, there is a right of contribution among them even

though judgment has not been recovered against all or any of them

except as provided in this section.

B. The right of contribution exists only in favor of a tortfeasor who has paid more than their pro rata share of the common

liability, and the total recovery is limited to the amount paid by

the tort-feasor in excess of their pro rata share. No tort-feasor

is compelled to make contribution beyond their pro rata share of the

entire liability.

Oklahoma Statutes - Title 12. Civil Procedure

C. There is no right of contribution in favor of any tortfeasor who has intentionally caused or contributed to the injury or

wrongful death.

D. A tort-feasor who enters into a settlement with a claimant

is not entitled to recover contribution from another tort-feasor

whose liability for the injury or wrongful death is not extinguished

by the settlement nor in respect to any amount paid in a settlement

which is in excess of what was reasonable.

E. A liability insurer which by payment has discharged, in full

or in part, the liability of a tort-feasor and has thereby

discharged in full its obligation as insurer, is subrogated to the

tort-feasor's right of contribution to the extent of the amount it

has paid in excess of the tort-feasor's pro rata share of the common

liability. This provision does not limit or impair any right of

subrogation arising from any other relationship.

F. This act does not impair any right of indemnity under

existing law. When one tort-feasor is entitled to indemnity from

another, the right of the indemnity obligee is for indemnity and not

contribution, and the indemnity obligor is not entitled to

contribution from the obligee for any portion of the indemnity

obligation.

G. This act shall not apply to breaches of trust or of other

fiduciary obligation.

H. When a release, covenant not to sue, or a similar agreement

is given in good faith to one of two or more persons liable in tort

for the same injury or the same wrongful death:

1. It does not discharge any other tort-feasor from liability

for the injury or wrongful death unless the other tort-feasor is

specifically named; but it reduces the claim against others to the

extent of any amount stipulated by the release or the covenant, or

in the amount of the consideration paid for it, whichever is

greater; and

2. It discharges the tort-feasor to whom it is given from all

liability for contribution to any other tort-feasor.

Added by Laws 1978, c. 78, § 1, eff. Oct. 1, 1978. Amended by Laws

1980, c. 109, § 1, eff. Oct. 1, 1980; Laws 1995, c. 218, § 1, emerg.

eff. May 23, 1995.