2012 Vermont Statutes
Title 12 Court Procedure
Chapter 189 TORT CLAIMS AGAINST THE STATE
§ 5603 Settlement of claims

§ 5603. Settlement of claims

(a) The attorney general may consider, adjust, determine and settle any claim for damages against the state of Vermont resulting from the acts or omissions of an employee as provided under section 159 of Title 3. If the state elects to self insure the liability as defined in 12 V.S.A. § 5601, the attorney general shall consult with the commissioner of buildings and general services prior to exercising his or her authority under this subsection.

(b) If the state of Vermont has undertaken the defense of a claim against a state employee as required by section 1101 of Title 3, the acceptance by the claimant of any award, compromise or settlement shall be final and conclusive on the claimant and shall constitute a complete release of any claim against the state of Vermont and all of its employees.

(c) Notwithstanding the provisions of subsection (b) of this section, if the employee has purchased a policy of liability insurance which covers claims based on gross negligence or willful misconduct in the operation of a motor vehicle, the acceptance of an award, compromise or settlement shall not bar a claim for gross negligence or willful misconduct covered by that policy. (Added 1961, No. 265, § 3, eff. Oct. 1, 1961; amended 1963, No. 215, § 2; 1989, No. 114, § 3, eff. June 20, 1989; 1989, No. 163 (Adj. Sess.), § 3; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996.)