Oklahoma § 51-158 - Settlement or defense of claim – Settlement payout Liability insurance - Public records

§ 51-158. Settlement or defense of claim – Settlement payout Liability insurance - Public records

A. The state or a political subdivision, after conferring with

authorized legal counsel, may settle or defend against a claim or

suit brought against it or its employee under The Governmental Tort

Claims Act subject to any procedural requirements imposed by

statute, ordinance, resolution or written policy, and may

appropriate money for the payment of amounts agreed upon. When the

amount of any settlement exceeds Twenty-five Thousand Dollars

($25,000.00), and any payment required by the settlement will not be

paid through an applicable contract or policy of insurance, the

settlement shall not be effective until approved by the district

court and entered as a judgment as provided by law.

B. Any settlement payout pursuant to this section may be

structured in any manner as agreed to by the parties involved;

provided, if the state is a party to the settlement, and the

settlement provides for a structured settlement, the state may

participate in the structured settlement if the state payments to

the claimant or the insurance or annuity company that is the

assignee of the claimant are completed within the fiscal year in

which settlement is agreed to and if the parties sign a Qualified

Assignment and Release Agreement that releases the state from

further obligation.

C. If a policy or contract of liability insurance covering the

state or political subdivision or its employees is applicable, the

terms of the policy govern the rights and obligations of the state

or political subdivision and the insurer with respect to the

investigation, settlement, payment and defense of claims or suits

against the state or political subdivision or its employees covered

by the policy. However, the insurer may not enter into a settlement

for an amount which exceeds the insurance coverage without the

approval of the governing body of the state or political subdivision

or its designated representative if the state or political

subdivision is insured.

D. Nothing in this section shall be construed to repeal or

modify Sections 361 through 365.6 and 435 of Title 62 of the

Oklahoma Statutes - Title 51. Officers

Oklahoma Statutes and it is intended that this section be construed

in conformance with those sections.

E. The state or a political subdivision shall not be liable for

any costs, judgments or settlements paid through an applicable

contract or policy of insurance but shall be entitled to set off

those payments against liability arising from the same occurrence.

F. The state or a political subdivision shall have the right of

subrogation against the insurer issuing any applicable contractor

policy of insurance to the monetary limit of said policy of

insurance or contract, if judgment or settlement of any claim

arising pursuant to this act results in the imposition of monetary

liability upon the state or the political subdivision.

G. Judgments, orders, and settlements of claims shall be open

public records unless sealed by the court for good cause shown.

Added by Laws 1978, c. 203, § 8, eff. July 1, 1978. Amended by Laws

1984, c. 226, § 10, eff. Oct. 1, 1985; Laws 1988, c. 241, § 6, eff.

Nov. 1, 1988; Laws 1997, c. 317, § 5, emerg. eff. May 29, 1997; Laws

2006, c. 102, § 2, eff. Nov. 1, 2006; Laws 2009, c. 315, § 3, eff.

Nov. 1, 2009; Laws 2010, c. 370, § 1, eff. Nov. 1, 2010.