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§47-158.1.
§47-158.1.
The Office of Public Affairs, State Department of Health, Department
of Public Safety, Department of Mental Health and Substance Abuse
Services, Oklahoma State Reformatory, Department of Corrections,
Oklahoma State Penitentiary, and all other state departments and
agencies not otherwise specifically authorized by law, are hereby
authorized to carry insurance subject to the provisions of Section 25
of this act on vehicles, motorized machinery, or equipment owned and
operated by said state departments or agencies included in this
section, such insurance to be of the following kinds and not to exceed
the following amounts:
1. Bodily injury liability, One Hundred Thousand Dollars ($100,000.00)
each person, Three Hundred Thousand Dollars ($300,000.00) each
accident;
2. Property damage liability, Fifty Thousand Dollars ($50,000.00) each
accident;
3. Medical and hospital insurance, Five Thousand Dollars ($5,000.00).
Such insurance shall be on standard policy forms approved by the State
Board for Property and Casualty Rates and with companies authorized to
do business in Oklahoma, and shall be paid for out of administrative
funds of said departments or state agencies purchasing the insurance.
Such insurance shall cover not only the department or state agency
purchasing the insurance but also the personal liability of the
operator while said operator is performing official duties for the
employing agency. The ownership, maintenance, operation, and use of
motor vehicles and motorized movable equipment owned, leased, used, or
operated by said departments or state agencies named in this section
are hereby declared to be public governmental functions. An action for
damages may be brought against said department or state agency, but
the governmental immunity of said 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 an 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 in this section 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 of the state is hereafter
authorized to write such insurance, then the state department or
agency included in this section may obtain the insurance from the
State Insurance Fund.
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