4.92.210 - Risk management -- Review of claims -- Settlements. - Washington Statutes

Risk management — Review of claims — Settlements.

(1) All liability claims arising out of tortious conduct or under 42 U.S.C. Sec. 1981 et seq. that the state of Washington or any of its officers, employees, or volunteers would be liable for shall be filed with the risk management division.

     (2) A centralized claim tracking system shall be maintained to provide agencies with accurate and timely data on the status of liability claims. Information in this claim file, other than the claim itself, shall be privileged and confidential.

     (3) Standardized procedures shall be established for filing, reporting, processing, and adjusting claims, which includes the use of qualified claims management personnel.

     (4) All claims shall be reviewed by the risk management division to determine an initial valuation, to delegate to the appropriate office to investigate, negotiate, compromise, and settle the claim, or to retain that responsibility on behalf of and with the assistance of the affected state agency.

     (5) All claims that result in a lawsuit shall be forwarded to the attorney general's office. Thereafter the attorney general and the risk management division shall collaborate in the investigation, denial, or settlement of the claim.

     (6) Reserves shall be established for recognizing financial liability and monitoring effectiveness. The valuation of specific claims against the state shall be privileged and confidential.

     (7) All settlements shall be approved by the responsible agencies, or their designees, prior to settlement.

[2002 c 332 § 17; 1989 c 419 § 3.]

Notes: Intent -- Effective date -- 2002 c 332: See notes following RCW 43.41.280.

Intent -- Effective date -- 1989 c 419: See notes following RCW 4.92.006.