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

INSURANCE LAW: Superior Court Holds That State Has Sovereign Immunity With Regard To Insurer’s Subrogation Claim

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)

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