#CASE OF FIRST IMPRESSION FULL#
The policy stated it was not a waiver of the municipality’s sovereign immunity, and that the policy did not provide coverage “unless the defenses of sovereign and governmental immunity are inapplicable.” The trial court and the Georgia Court of Appeals both held that, due to the language in the applicable Georgia statutes, the full $5 million limits of the insurance policy were available for the claims against the municipality regardless of the language in the policy. In this matter, which was covered by Law360, our client issued an insurance policy to a municipality. However, municipalities can increase the waiver of sovereign immunity if they buy insurance that provides coverage beyond the automatic statutory waiver. Under Georgia law, municipalities automatically waive their sovereign immunity up to $500,000 per person and $700,000 per accident for losses arising out of the negligent use of covered motor vehicles under the Georgia statute.
At issue was the extent to which a municipality had waived its sovereign immunity though the purchase of a commercial automobile insurance policy. Friedman and Christopher Meeks recently obtained a reversal at the Georgia Supreme Court in a case of first impression. (February 15, 2022) - Atlanta Insurance Coverage and Appellate Partners Seth M. Atlanta Appellate Team Obtains Reversal at Georgia Supreme Court in Case of First ImpressionĪtlanta, Ga.
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