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2016 SESSION

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SB 611 Tort claim; notice of claim against the Commonwealth, transportation district, or locality.

Introduced by: William M. Stanley, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Notice of tort claim against the Commonwealth, transportation district, or locality; statute of limitations. Provides that the bar to a tort claim against the Commonwealth, a transportation district, or a locality for failure to file a written statement within one year, or within six months if the claim is against a locality, after the cause of action accrues does not apply where there was actual knowledge of the claim within one year by (i) for claims against the Commonwealth, the Division of Risk Management or any insurer or entity providing coverage or indemnification of the claim or the Attorney General; (ii) for claims against a transportation district, the chairman of the commission of such transportation district; or (iii) for claims against a locality, the attorney, chief executive, or mayor of such locality. The bill clarifies that actual knowledge of the claim includes the nature of the claim, the time and place at which the injury is alleged to have occurred, and, for claims against the Commonwealth or a transportation district, the agency or agencies alleged to be liable. The bill further provides that a claim against the Commonwealth or a transportation district is barred unless an action on the claim is commenced within 18 months of the filing of notice of such a claim or within two years after the cause of action accrues.


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