Alabama Counties’ Insurance Fund Not Liable for its Own Actions in Deadly Dock Fire #Alabama #Counties #Insurance #Fund #Liable #Actions #Deadly #Dock #Fire Welcome to JibGlobe, here is the new resources we have for you today:
New You can now listen to Insurance Journal articles!Insurers and government self-insurance pools should be breathing a sigh of relief after the Alabama Supreme Court absolved a county commissions’ fund of direct liability in a marina fire that killed eight people and destroyed three dozen boats.
The court overturned a decision by a circuit judge in Jackson County and ordered the judge to dismiss the Association of County Commissions’ Liability Self-Insurance Fund from a lawsuit brought by victims and families of the people killed in the 2020 fire. The high court held that state law exempts the fund from liability other than what the fund is obligated to pay to the insured county.
The assertion came despite the conflicting wording of the state law.
“We agree with the plaintiffs that the first sentence of (Statute) 11-30-7 does not entitle the Fund to immunity from claims based on its own alleged torts,” Justice Sarah Stewart wrote for the majority.
The second line of the statute, however, does appear to grant the Fund immunity from third-party claims, the court decided.
Alabama Supreme Court justices (Alabama Judicial System)
The plaintiffs in the case employed a somewhat unusual tactic, charging that the Fund itself was at fault because it failed to properly inspect the county-owned dock and marina, and to monitor a safety program. The lawsuit alleges that the dock had electrical problems that should have been flagged in an inspection and repaired.