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Durham: "State Law Can't Touch Us"

By K.C. Johnson

In its most recent filing, the city of Durham claims absolute immunity for the portions of the civil suit dealing with North Carolina law. In some intriguing legal reasoning, Durham?s attorneys concede: A city may waive its governmental immunity under North Carolina 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. 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...continue to full post

Full post as published by Durham-in-Wonderland on November 10, 2008 (boomark / email).