Texas Court Grants Immunity to County Risk Pool in Deputy Death Benefits Case
A Texas appeals court has reversed a lower court's decision, dismissing a lawsuit filed by the widow of a deceased San Jacinto County deputy against the Texas Association of Counties Risk Management Pool. The court ruled that the risk pool is protected by governmental immunity and is not the proper defendant in this workers' compensation dispute. Neil Adams, a constable, was fatally shot in February 2022 while working private security at Houston’s Sharpstown Mall. His widow, Dianna Adams, argued he was acting within the scope of his county employment as a peace officer. However, the Texas Department of Insurance had previously denied the claim. The Ninth Court of Appeals in Beaumont determined that the risk pool qualifies as a governmental unit administering self-insured pools under interlocal agreements. Consequently, it retains immunity unless explicitly waived by the Legislature. The judges clarified that while state law waives immunity for insurance carriers, this designation applies to the county as the self-insured employer, not the administrative risk pool.
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Texas Court Grants Immunity to County Risk Pool in Deputy Death Benefits Case
A Texas appeals court has reversed a lower court's decision, dismissing a lawsuit filed by the widow of a deceased San Jacinto County deputy against the Texas Association of Counties Risk Management Pool. The court ruled that the risk pool is protected by governmental immunity and is not the proper defendant in this workers' compensation dispute. Neil Adams, a constable, was fatally shot in February 2022 while working private security at Houston’s Sharpstown Mall. His widow, Dianna Adams, argued he was acting within the scope of his county employment as a peace officer. However, the Texas Department of Insurance had previously denied the claim. The Ninth Court of Appeals in Beaumont determined that the risk pool qualifies as a governmental unit administering self-insured pools under interlocal agreements. Consequently, it retains immunity unless explicitly waived by the Legislature. The judges clarified that while state law waives immunity for insurance carriers, this designation applies to the county as the self-insured employer, not the administrative risk pool.
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