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§47-158.2.
§47-158.2.
The operation of such vehicles, motorized machinery and equipment by
the departments described in Section 158.1 of this title is hereby
declared to be a public governmental function. An action for damages
may be brought against such departments, but the governmental immunity
of such departments shall be waived only to the extent of the amount
of insurance purchased. The departments shall be liable for negligence
only while such insurance is in force, but in no case in an amount
exceeding the limits of the coverage of any such insurance policy. No
attempt shall be made in the trial of any action brought against any
such departments 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. The insurer may not plead as a defense in
any action involving insurance purchases by the authority of this Act
the governmental immunity of either the State of Oklahoma, the State
Department of Health, Department of Public Safety, Department of
Mental Health and Substance Abuse Services, or the Oklahoma State
Penitentiary.
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