Zurich Insurance Co. v. Chatham County, GA

Eleventh Circuit

Zurich Insurance Co. v. Chatham County, GA

452 F.3d 1283, 2006 U.S. App. LEXIS 15782, 2006 WL 1719524

CourtCourt of Appeals for the Eleventh Circuit

DecidedJune 23, 2006

Docket04-13308

StatusPublished

This text of 452 F.3d 1283 (Zurich Insurance Co. v. Chatham County, GA) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Zurich Insurance Co. v. Chatham County, GA, 452 F.3d 1283, 2006 U.S. App. LEXIS 15782, 2006 WL 1719524 (11th Cir. 2006).

Pincite

Opinion

PER CURIAM:

The appellant insurance company, being subrogated to the rights of its insured, sued the county seeking damages caused to the vessel of the insured by a malfunctioning drawbridge operated by the county. The district court granted summary judgment in favor of the county. Based upon existing precedent, we affirmed by finding a common law “residual immunity” that protected political subdivisions such as Chatham County.

The Supreme Court of the United States granted certiorari and has reversed these rulings. In sum, the Supreme Court has held that entities not qualifying as an “arm of the State” for Eleventh Amendment purposes cannot assert sovereign immunity as a defense to a suit in admiralty.

Consequently, we remand this matter to the district court for further proceedings consistent with the Supreme Court opinion.

REVERSED and REMANDED.

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PER CURIAM:

The appellant insurance company, being subrogated to the rights of its insured, sued the county seeking damages caused to the vessel of the insured by a malfunctioning drawbridge operated by the county. The district court granted summary judgment in favor of the county. Based upon existing precedent, we affirmed by finding a common law “residual immunity” that protected political subdivisions such as Chatham County.

The Supreme Court of the United States granted certiorari and has reversed these rulings. In sum, the Supreme Court has held that entities not qualifying as an “arm of the State” for Eleventh Amendment purposes cannot assert sovereign immunity as a defense to a suit in admiralty.

Consequently, we remand this matter to the district court for further proceedings consistent with the Supreme Court opinion.

REVERSED and REMANDED.

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Bluebook (online)

452 F.3d 1283, 2006 U.S. App. LEXIS 15782, 2006 WL 1719524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zurich-insurance-co-v-chatham-county-ga-ca11-2006.