In its most recent filing, the city of
In some intriguing legal reasoning,
A city may waive its governmental immunity under
law by purchasing liability insurance or participating in a local government risk pool that covers losses arising from tort claims for which a city would otherwise be immune. North Carolina
And they note that
The City maintains three consecutive annual excess liability policies that may potentially be implicated by the time period of conduct alleged in the Amended Complaint.
But, they maintain,
By the express terms of each policy, the excess coverage is not triggered until the City has exhausted a self-insured retention that it is “legally obligated to pay.” Because the City cannot be “legally obligated to pay” losses arising from claims for which it has immunity, it cannot exhaust its self-insured retention with those losses. Thus, the excess coverage is not triggered, and the City’s immunity remains intact.
In other words, cities can purchase liability insurance whenever they desire to do so, and fall back on a claim that they still have absolute immunity because that liability insurance never should be allowed to kick in.
On another matter, two significant
First, in the Attorney General’s race, Roy Cooper not only won reelection, but topped the ticket, capturing 61.1 percent of the vote. The margin of victory came despite the last-minute retribution from the Wilmington Journal, which urged
Second, in the U.S. Senate race,
Dole, by the way, stayed classy right to the end, closing her campaign with an ad leaving the false impression that her opponent, Kay Hagan, had cried out, “There is no God!”