North Carolina Insurance Guaranty Ass'n v. Board of Trustees

Supreme Court of North Carolina

North Carolina Insurance Guaranty Ass'n v. Board of Trustees

672 S.E.2d 680, 362 N.C. 678, 2008 N.C. LEXIS 1251

Supreme Court of North Carolina·Decided December 11, 2008·No. No. 470P07·Published·Cited by 1 cases

Opinion

ORDER

The Court allows plaintiffs Petition for Discretionary Review and orders briefing on the following issues:

(1) Whether granting the right to a State agency to participate in a program, including the right to sue for benefits arising from the program, waives the defense of sovereign immunity? .

(2) Whether a legislative amendment which made State agencies and subdivisions “persons” eligible for the benefits of the North Carolina Insurance Guaranty Association Act (N.C.G.S. § 58-48-1 et seq.) also waived the defense of sovereign immunity as to the NCIGA’s expressly granted cause-of-action against high net-worth employers?

By Order of the Court in Conference, this 11th day of December, 2008.

Hudson, J. For the Court

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