Tort-Feasor's Sovereign Immunity Defense to Claims In Excess of $ 100,000 Per Person
Is An Uninsured Motorist Carrier Permitted to Avoid Liability Under Its Policy by Invoking the Tort-Feasor's Sovereign Immunity Defense ?
In Michigan Millers Mut. Ins. Co. v. Bourke, 607 So. 2d 418 (Fla. 1992), court held that an uninsured motorist carrier was not permitted to avoid liability under its policy by invoking the tort-feasor's sovereign immunity defense to claims in excess of $ 100,000 per person.
Were we to allow the self-insurance exclusion to stand, the uninsured motorist carrier would in effect be permitted to raise the sovereign immunity defense to claims in excess of $ 100,000 per person as to those governmental entities who elected to self-insure, but not as to governmental entities who purchased commercial liability policies.
In effect, this would undermine the intent of our decision in Michigan Millers.