2016 Delaware Code
Title 10 - Courts and Judicial Procedures
CHAPTER 40. TORT CLAIMS ACT
Subchapter II County and Municipal Tort Claims
§ 4013. Limitation on damages.
(a) In any action for damages permitted by this subchapter, the claim for and award of damages, including costs, against both a political subdivision and its employees, shall not exceed $300,000 for any and all claims arising out of a single occurrence, except insofar as the political subdivision elects to purchase liability insurance in excess of $300,000 in which event the limit of recovery shall not exceed the amount of the insurance coverage.
(b) Any governmental entity may settle claims filed against it pursuant to § 4012 of this title, in accordance with procedures duly promulgated by its governing body.
(c) Any political subdivision may enact a notice requirement by ordinance, so long as said notice requirement does not bar suit if notice is given within 1 year of occurrence.
62 Del. Laws, c. 124, § 2; 64 Del. Laws, c. 443, § 1.;
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