News & Analysis as of

Insurance Industry Sovereign Immunity

Marshall Dennehey

County Court Rules that Insurer’s Action Seeking Reimbursement from School Board for PIP Benefits Paid on Behalf of Insured Is Not...

Marshall Dennehey on

Orange Cty. Sch. Bd., a/k/a Orange Cty. Public Schools, County Court 9th Judicial Circuit Orange County, Civil Division, Case No: 2021-CC-016105-O - State Farm sought reimbursement from the School Board of Orange County for...more

Womble Bond Dickinson

To Encourage Autonomous Vehicles in Your State Create a No-Fault Insurance Pool

Womble Bond Dickinson on

Legislators can become heroes. With one act of non-partisan legislation, your representatives could save thousands of lives, could boost the U.S. manufacturing economy, and could make all of our lives easier, safer, and...more

Searcy Denney Scarola Barnhart & Shipley

Sovereign Immunity — Punishing the Innocent Injured

Sovereign Immunity — the STATE against the Injured - Antiquated Law Should Disappear from the Books - “The King can do no wrong” or as stated in Latin, “rex non potest peccare”. The legal maxim is also called “Crown...more

McGuireWoods LLP

North Carolina Court of Appeals Takes Insurer to Task For Sloppy Drafting

McGuireWoods LLP on

Last month, the North Carolina Court of Appeals released its decision in Meinck v. City of Gastonia, — S.E.2d —, 2019 WL 114054 (N.C. Ct. App. Jan. 2, 2019), holding a policy exclusion to be ambiguous because of poor drafting...more

Kilpatrick

COA Penalizes Insurer for Poor Writing in Policy Exclusion

Kilpatrick on

Bad grammar can lead to an adverse coverage decision – that’s the lesson one insurer (and its insured) learned the hard way when the NC Court of Appeals held that an incomplete sentence and improper grammar in an insurance...more

Kilpatrick

Tribes Are Not “Immune” From Loss: Start Managing Risk Now

Kilpatrick on

When a Tribe thinks about risk management and insurance, it may first wonder whether it really needs to worry about it because of its unique defense of sovereign immunity. This defense, however, has come under much fire in...more

Carlton Fields

Eighth Circuit Upholds Dismissal Of Claim Against Department Of Health & Human Services Under ACA Transitional Reinsurance Program...

Carlton Fields on

Seeking reimbursement of fees paid, allegedly by mistake, under the transitional reinsurance program in the Patient Protection and Affordable Care Act (“ACA”), the trustees of the Twin City Pipe Trades Welfare Fund’s sued the...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending April 8, 2016

Carlton Fields on

REAL PROPERTY UPDATE - - Sovereign Immunity: DOT prohibited from using sovereign immunity defense in negligence action resulting from railroad crossing accident where DOT bound by crossing agreement, including indemnity...more

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