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§47-157.1.
§47-157.1.
The Department of Transportation, the Board of Agriculture, and the
Department of Human Services of the state are hereby authorized to
carry insurance on vehicles, motorized machinery, or equipment owned
and operated by the Department of Transportation, the Board of
Agriculture, and the Department of Human Services, such insurance to
be of the following kinds and in amounts not exceeding the following:
(a) bodily injury liability, One Hundred Thousand Dollars
($100,000.00) each person, Three Hundred Thousand Dollars
($300,000.00) each accident;
(b) property damage liability, Fifty Thousand Dollars ($50,000.00)
each accident;
(c) medical and hospital insurance, Five Thousand Dollars ($5,000.00).
Such insurance shall be on standard policy forms approved by the State
Insurance Commissioner and with companies authorized to do business in
Oklahoma, and shall be paid for out of administrative funds of such
departments. Such insurance may cover not only the department or state
agency purchasing the insurance but also the personal liability of the
operator. The ownership, maintenance, operation and use of motor
vehicles and motorized movable equipment owned, leased, used or
operated by such departments or state agencies named in this section
is hereby declared to be a public governmental function. An action for
damages may be brought against such department or state agency, but
the governmental immunity of such department or state agency shall be
waived only to the extent of the amount of insurance purchased. Such
department or state agency shall be liable for negligence only while
such insurance is in force, but in no case in any amount exceeding the
limits of coverage of any such insurance policy. No attempt shall be
made in the trial of any action brought against any such department or
state agency to suggest the existence of any insurance which covers in
whole or in part any judgment or award which may be rendered in favor
of the plaintiff, and if the verdict rendered by the jury exceeds the
limits of the applicable insurance, the court shall reduce the amount
of said judgment or award to a sum equal to the applicable limits
stated in the policy. To the extent that the insurer has provided
indemnity in the contract of insurance to a department or state agency
described in this section, the said insurer may not plead as a defense
in any action involving insurance purchased by the authority of this
section, the governmental immunity of either the state or of any
department or agency thereof purchasing insurance pursuant to this
section. Venue of all actions provided for herein shall be in the
county of the residence of the plaintiff or where the cause of action
arose, but summons may be served upon the director, head or governing
board or body of the department or state agency being sued and alleged
to come within the purview of this section, wherever he may be found.
If the State Insurance Fund is hereafter authorized to write such
insurance, then the Department of Transportation, the Board of
Agriculture, and the Department of Human Services shall obtain the
insurance from the State Insurance Fund, if said State Insurance Fund
is the lowest bid, after taking into account the premium tax being
paid by any other bidder. Such policies shall be filed in the office
of the Secretary of State as a public record.
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