Montana § 2-9-303 Compromise Or Settlement Of Claim Against State

Montana Statutes

§ 2-9-303 — Compromise Or Settlement Of Claim Against State

Montana·Title 2 GOVERNMENT STRUCTURE AND ADMINISTRATION·Ch. 9 LIABILITY EXPOSURE AND INSURANCE COVERAGE·Part 3 Claims and Actions

2-9-303 . Compromise or settlement of claim against state.

(1)(a) The department of administration may compromise and settle any claim allowed by parts 1 through 3 of this chapter, subject to the terms of insurance, if any. A settlement from the self-insurance reserve fund or deductible reserve fund exceeding $10,000 must be approved by the district court of the first judicial district except when suit has been filed in another judicial district, in which case the presiding judge shall approve the compromise settlement.

(b)All records related to a compromise or settlement of a claim against the state must be retained for a period of 20 years.

(2)(a) All terms, conditions, and details of the governmental portion of a compromise or settlement agreement entered into or approved pursuant to

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2-9-303 . Compromise or settlement of claim against state. (1) (a) The department of administration may compromise and settle any claim allowed by parts 1 through 3 of this chapter, subject to the terms of insurance, if any. A settlement from the self-insurance reserve fund or deductible reserve fund exceeding $10,000 must be approved by the district court of the first judicial district except when suit has been filed in another judicial district, in which case the presiding judge shall approve the compromise settlement.
(b) All records related to a compromise or settlement of a claim against the state must be retained for a period of 20 years.
(2) (a) All terms, conditions, and details of the governmental portion of a compromise or settlement agreement entered into or approved pursuant to subsection (1) are public records available for public inspection unless a right of individual privacy clearly exceeds the merits of public disclosure.
(b) Unless the state or its entities pay nothing to resolve a claim, the compromise or settlement agreement must include a description of the alleged acts, omissions, or other basis of liability at issue.
(3) An employee who is a party to a compromise or settlement entered into or approved pursuant to subsection (1) may waive the right of individual privacy and allow the state to release all records or details of the compromise or settlement, such as personnel records, that pertain to the employee personally and that would otherwise be protected by the right of individual privacy subject to the merits of public disclosure.

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Legislative History

En. Sec. 19, Ch. 380, L. 1973; amd. Sec. 9, Ch. 360, L. 1977; R.C.M. 1947, 82-4319; amd. Sec. 1, Ch. 63, L. 1981; amd. Sec. 1, Ch. 97, L. 1987; amd. Sec. 1, Ch. 111, L. 1987; amd. Sec. 1, Ch. 172, L. 2001; amd. Sec. 1, Ch. 306, L. 2017; amd. Sec. 1, Ch. 188, L. 2019; amd. Sec. 5, Ch. 511, L. 2021.