INSURANCE LAW: Superior Court holds that State has sovereign immunity with regard to insurer’s subrogation claim

6/23/2016 | Peter K. O'Keefe

Category: Insurance

Peter K. O'Keefe

Connecticut General Statutes §52-556 states in relevant part that any “person injured in person or property through the negligence of any state official or employee” when operating a motor vehicle “shall have a right of action against the State”.  The Superior Court construes the word “person” narrowly so as not to include an insurance company.  The court holds that the State is immune from a subrogation action pursuant to the doctrine of sovereign immunity.  The underlying claim arose out of a collision between a State plow and a passenger vehicle.  The insurer repaired the vehicle and sought reimbursement from the State.  Nationwide General Ins. Co. v. Colon, CV16-6065127 (May 26, 2016)

Jackson O’Keefe, LLP, has served as insurance defense counsel since the 1950s.  If you have an insurance question or litigation matter involving a GL, E&O, D&O, homeowners,  or auto policy, contact us for assistance at 860-278-4040.

Jackson O’Keefe has been practicing in the insurance field since the 1950s. The firm was co-founded by a former Insurance Commissioner for the State of Connecticut.  The firm is pleased to have received the highest Martindale-Hubbell rating of “AV.”  It is recognized in A.M. Best’s Directory of Recommended Insurance Attorneys.  It is also recognized in the Bar Register of Preeminent Attorneys.  Additionally, several of our partners have been peer-reviewed by Thomson Reuters as “Super Lawyers” qualifying as among the top five percent of practicing attorneys in Connecticut.  We are active participants in the Claims and Litigation Management (CLM) Alliance. 

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