Okla. Stat. tit. 51, § 51-158
This is the official text of Okla. Stat. tit. 51, § 51-158, part of Oklahoma’s Stat. tit. 51, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 51,." Browse the sections below, each linked to its official government source.
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Settlement or defense of claim – Settlement payout -
Official statutory text
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 Page 112
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.
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 Page 112
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.
Status: in_force · Read it on the official government site
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