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
Date Written: October 24, 2012
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
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