Tag Archives: Governmental Immunity

Schools & School Boards – Sovereign Immunity – Insurance – Self-Insured Retention – Tort/Negligence – Motor Vehicle Accident (access required)

Irving v. Charlotte-Mecklenburg Board of Education Since the defendant-school board’s insurance policy requires the school board to self-insure the first $1 million of any claim against it, the policy does not waive the school board’s governmental immunity. The fact that this case involved a motor vehicle accident does not change the result.

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Tort/Negligence – Real Property – Inverse Condemnation — Municipal – Governmental Immunity – Insurance — Road Closure – Act of God (access required)

Kirkpatrick v. Town of Nags Head Even though the defendant-town has commercial general liability insurance, the destruction of the road that provided access to plaintiffs’ beach house was an act of God, which is not a covered occurrence. Since the town made a conscious decision not to repair and to close what was left of the road, the town’s acts and omissions were not a covered occurrence, either. We reverse the trial court’s denial of summary judgment for the town on the grounds of governmental immunity.

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