Liability coverage for the State of North Dakota, its agencies and employees is provided by the Risk Management Fund. The State Tort Claims Act, NDCC 32-12.2, governs the administration of the Risk Management Fund and claims against the state and state employees for personal injury, death, or property damage caused by the state or a state employee acting within the scope of the employee’s employment.
State Property Incident Reporting
Incidents and accidents related to actions of the state or state employees should be promptly reported if the incident:
- results in injuries to non-employees and state employees;
- causes property damage at state owned or state managed buildings, locations, or property; or
- involve any type of state owned or state employee owned vehicle or equipment.
State employees should report the incident to their designated agency Risk Management or State Workers Compensation Program contact.
Non-state employees should contact the state agency or state employee related to the incident. The state agency or state employee will document the incident and submit a report.
Incident reports shall be completed and submitted by the state agency's designated employee.
Questions about reporting state incidents should be directed to the Risk Management Division at 701.328.7584.
The Risk Management Fund will pay money damages for:
- an injury caused by the negligence or wrongful act or omission of a state employee acting within the employee’s scope of employment which the employee would be personally liable to pay a claimant under state law, and
- an injury caused from some condition or use of tangible property under circumstances in which the state, if it were a private person, would be liable to the claimant.
Coverage includes claims for damages resulting from an occurrence, accident, wrongful act, error or omission or claim made because of bodily injury, personal injury, property damage, professional liability, or public officials’ professional liability or any combination thereof. The Risk Management Fund will not pay money damages for those claims excluded under NDCC 32-12.2 or other applicable law.
The amount of money damages the Risk Management Fund may pay is limited to a total of $250,000 per person and $1,000,000 per occurrence. The Risk Management Fund will not be held liable or indemnify a state employee held liable for punitive or exemplary damages.
Changes to the coverage limits pursuant to HB 1057 will increase the statutory caps under N.D.C.C. 32-12.2-02:
- 7/1/2022: Increases to $375,000 per person and the per occurrence remains the same at $1,000,000.
- 7/1/2023: Increases to $406,250 per person and $1,625,000 per occurrence.
- 7/1/2024: Increases to $437,500 per person and $1,750,000 per occurrence.
- 7/1/2025: Increases to $468,750 per person and $1,875,000 per occurrence.
- 7/1/2026: Increases to $500,000 per person and $2,000,000 per occurrence.
NDCC 32-12.2-04 provides that a claim against the state or a state employee for an injury or damages must be presented in writing to the Director of the Office of Management and Budget within 180 days after the alleged injury or property damage was discovered. The claim can be made by completing and submitting SFN 50552 State Risk Management Fund Notice of Claim form. The Risk Management Fund is not insurance. It is governed by the legal requirements established in the State Tort Claims Act, NDCC 32-12.2, and any claims paid must be authorized under these requirements.
The Risk Management Fund also provides legal defense of any claim brought against the state under NDCC 32-12.2 or brought against a state employee acting within the scope of employment at no cost to the employee.
Please direct questions to Risk Management at 701.328.7584.