Granting Aransas County permission to sue Regional Pool Alliance and waiving Regional Pool Alliance's governmental immunity with respect to claims by Aransas County for and in connection with covered losses sustained from Hurricane Harvey.
The passing of SCR44 signals a significant shift in the permissible actions Aransas County can take against the RPA, which is accused of mishandling insurance claims totaling millions of dollars. Under the resolution, the county can pursue legal recourse for various alleged wrongdoings, including fraud and negligent misrepresentation by RPA. This has implications not only for the financial health of Aransas County but also for the accountability of governmental risk pool entities in managing disaster recovery funds and services.
SCR44 is a Senate Concurrent Resolution that grants Aransas County permission to sue the Regional Pool Alliance (RPA) and waives RPA's governmental immunity concerning claims related to losses sustained during Hurricane Harvey. The resolution aims to address the ongoing insurance dispute that has left Aransas County with damaged infrastructure and unreimbursed insurance claims. This measure is critical for the county as it seeks to recover necessary funds to repair essential facilities, some of which remain unfinished nearly six years after the disaster.
The sentiment surrounding SCR44 appeared overwhelmingly positive, as evidenced by the unanimous votes in both the Senate (31-0) and the House (134-0) supporting the resolution. Local officials and community advocates expressed relief and support for SCR44, seeing it as a necessary step toward achieving justice and restoration for the community following the devastation of Hurricane Harvey. The strong bipartisan support suggests a communal recognition of the urgency in addressing the county's needs post-disaster.
Despite the unanimous support for SCR44, the resolution highlights the contentious relationship between local governments and insurance providers, particularly those with governmental immunity. Critics of insurance governance like RPA argue that such measures can undermine the intended protections provided by risk pools. In contrast, supporters of SCR44 view this resolution as essential to holding entities like RPA accountable while ensuring that local governments retain the ability to seek fair compensation for losses incurred during natural disasters.
Government Code
Civil Practice And Remedies Code
Insurance Code