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51-157.


§51-157.


    A.  A person may not initiate a suit against the state or a
political subdivision unless the claim has been denied in whole or in
part.  A claim is deemed denied if the state or political subdivision
fails to approve the claim in its entirety within ninety (90) days,
unless the state or political subdivision has denied the claim or
reached a settlement with the claimant before the expiration of that
period.  If the state or a political subdivision approves or denies
the claim in ninety (90) days or less, the state or political
subdivision shall give notice within five (5) days of such action to
the claimant at the address listed in the claim.  If the state or
political subdivision fails to give the notice required by this
subsection, the period for commencement of an action in subsection B
of this section shall not begin until the expiration of the ninety-
day period for approval.  The claimant and the state or political
subdivision may continue attempts to settle a claim, however,
settlement negotiations do not extend the date of denial unless
agreed to in writing by the claimant and the state or political
subdivision.
    B.  No action for any cause arising under this act, Section 151
et seq. of this title, shall be maintained unless valid notice has
been given and the action is commenced within one hundred eighty
(180) days after denial of the claim as set forth in this section.
The claimant and the state or political subdivision may agree in
writing to extend the time to commence an action for the purpose of
continuing to attempt settlement of the claim except no such
extension shall be for longer than two (2) years from the date of the
loss.






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