A Review of State Sovereign Immunity Statutes and the Management of Liability Risks by States

Journal of Insurance Regulation, Volume 32, pages 45-82 (2013)

38 Pages Posted: 25 Oct 2012 Last revised: 5 Sep 2015

See all articles by Cassandra R. Cole

Cassandra R. Cole

Florida State University - College of Business

Chad G. Marzen

Florida State University

Date Written: October 24, 2012

Abstract

The liability exposure in the majority of states is limited by law, specifically states’ sovereign immunity statutes. However, the sovereign immunity of states and state entities have been challenged in both federal and state courts for nearly 200 years. This article reviews the principle of sovereign immunity, the sovereign immunity statutes of the states, and how states manage risk. It also discusses relevant case law and recent legislative activity related to these statutes and how the outcome may impact the risk management decision of states.

Keywords: insurance, sovereign immunity, liability, risk management

Suggested Citation

Cole, Cassandra R. and Marzen, Chad G., A Review of State Sovereign Immunity Statutes and the Management of Liability Risks by States (October 24, 2012). Journal of Insurance Regulation, Volume 32, pages 45-82 (2013), Available at SSRN: https://ssrn.com/abstract=2166632 or http://dx.doi.org/10.2139/ssrn.2166632

Cassandra R. Cole (Contact Author)

Florida State University - College of Business ( email )

423 Rovetta Business Building
Tallahassee, FL 32306-1110
United States

Chad G. Marzen

Florida State University ( email )

College of Business
Tallahassee, FL 32306
United States

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