A six-year-old lawsuit between the Delaware County Commissioners and its insurance company concerning payment in a multi-million civil settlement ended on Monday, Aug. 13.
After meeting in executive session for eight minutes with the county’s attorney, they learned the Oklahoma Supreme Court voted not to view the case.
“I am glad it’s over,” said Russell Martin, county commissioner chairman. “It’s time to move on.”
David Poindexter, District 1 county commissioner and Martin Kirk, District 3 county commissioner, both expressed their disappointment with the court’s decision.
The county filed suit against the Association of County Commissioners of Oklahoma Self Insurance Group and its decision not to cover 15 individual claims that were part of a $13.5 million federal civil rights judgment against the Delaware County Commissioners.
In the 2011 settlement, 15 former female county inmates claimed they were sexually assaulted. They received settlements ranging from $67,500 to $3.3 million.
The insurance group agreed to pay $1 million for the one large claim, rather than $1 million for each single occurrence, prompting the county to file a breach of contract and bad faith claim lawsuit.
The Court of Civil Appeals affirmed the lower court’s decision not to pay for each single occurrence prompting the commissioners to appeal the case to the Oklahoma Supreme Court.
In 2012, Delaware County voters approved a 17-year half-cent sales tax to pay off the judgment. Since then county commissioners said the judgment will be paid off earlier than expected.
In financial business, the commissioners approved paying a $2,425 Craig County Detention Center invoice for four inmates, a $750 blanket purchase order to the Tiff City Store for fuel and supplies for the Tiff City Fire Department, to transfer $500 from Butler Fire Department’s capital outlay account to its travel account and a $160 bid from the Flint Ridge POA eight lots in Flint Ridge RV Park and Flint Ridge RV Part II.
Also approved was reducing the speed limit from 40 mph to 25 mph on County Road 465 in District No. 3 and forwarding to the district attorney’s office a petition to vacate a portion of common area on Lot 24 at Diamond Point Acres.
The next meeting is 9 a.m., Monday, Aug. 20 at the Delaware County Courthouse in the Commissioners’ Public Meeting room.