§ 51-169. Counties - Insurance.

A.  The governing body of any county may:

1.  Insure the county against all or any part of any liability it may incur for death, injury or disability of any person or for damage to property, either real or personal;

2.  Insure any employee of the county against all or any part of his liability for injury or damage resulting from an act or omission in the scope of employment;

3.  Insure against the expense of defending a claim against the county or its employee, whether or not liability exists on such claim; or

4.  Insure the county or its employee against any loss, damage or liability as defined by Sections 702 through 708 of Title 36 of the Oklahoma Statutes, or other forms of insurance provided for in Title 36 of the Oklahoma Statutes.

The cost or premium of any such insurance is a proper expenditure of the county.

As used in this subsection, "employee" means any person who has acted in behalf of a county, whether that person is acting on a permanent or temporary basis with or without being compensated or on a full-time or part-time basis.  Employee also includes all elected or appointed officers, members of governing bodies of a county, and persons appointed, and other persons designated by a county to act in its behalf.

B.  Any insurance authorized by law to be purchased, obtained or provided by a county may be provided by:

1.  Self-insurance, which may be, but is not required to be, funded by appropriations to establish or maintain reserves for self-insurance purposes.  Any self-insurance reserve fund shall be nonfiscal and shall not be considered in computing any levy when the county makes its annual estimate for needed appropriations;

2.  Insurance in any insurer authorized to transact insurance in this state;

3.  Insurance secured in accordance with any other method provided by law; or

4.  Any combination of insurance authorized by this section.

C.  Two or more counties or public agencies, by interlocal agreement made pursuant to Sections 1001 et seq. of Title 74 of the Oklahoma Statutes, may provide insurance for any purpose by any one or more of the methods specified in this section.  The pooling of self-insured reserves, claims or losses among governments as authorized in this act shall not be construed to be transacting insurance nor otherwise subject to the provisions of the laws of this state regulating insurance or insurance companies.  Two or more counties may also be insured under a master policy or contract of insurance.  Premium costs may be set individually for each county or apportioned among participating counties as provided by the master policy or contract.

Added by Laws 1978, c. 203, § 19, eff. July 1, 1978.