§ 143-300.16. Payment of judgments and settlement of claims. - North Carolina Statutes

§ 143‑300.16. Payment of judgments and settlement of claims.

(a)        Any final judgment awarded against an employee in an actionthat meets the requirements of G.S. 143‑300.14, or any amount payableunder a settlement of the action, shall be paid the State.  The first onehundred fifty thousand dollars($150,000) of liability shall be paid from fundsappropriated to the State Board of Education for the payment of State TortClaims.  The balance of any payment owed shall be paid in accordance with G.S.143‑299.4. No payment shall be made from either funds appropriated to theState Board of Education or funds transferred from State agencies under G.S.143‑299.4 for any judgment for punitive damages. Nothing in this sectionshall be deemed to waive the sovereign immunity of the State with respect to aclaim covered under this section or authorize the payment of any judgment orsettlement against a public school employee in excess of the limit provided inthe Tort Claims Act.

(b)        The Attorney General may settle any claim to which thisArticle applies which he finds valid. In any case in which the Attorney Generalhas stated in writing that private counsel ought to be provided because of aconflict with the interests of the State, any settlement shall be approved by theprivate counsel and the Attorney General.

(c)        The coverage afforded an employee under this Article isexcess coverage over any commercial insurance liability that the employee mayhave. (1979, c. 971, s. 2; 2000‑67,s. 7A(i).)