Texas High Court Applies Waiver to Governmental Immunity Claim

AUSTIN, Texas - The Texas Supreme Court has reinstated a school district's breach-of-contract claim against an in-state self-insurance fund that claimed governmental immunity, applying a recently enacted waiver for such actions. Ben Bolt-Palito Blanco Consolidated Independent School District v. Texas Political Subdivisions Property/Casualty Joint Self-Insurance Fund, No. 05-0340 (Texas Sup. Ct.).

The high court reversed a majority decision by Texas' 4th District Court of Appeals on Dec. 29, agreeing that the Texas Political Subdivisions Property/Casualty Joint Self-Insurance Fund has immunity but explained that the legislative waiver came after the 4th District Court of Appeals ruled in favor of the 92-member …