Turnbull v. Fink

HOLLAND, Justice,

dissenting, with whom BERGER, J., joins:

The interlocutory judgments of the Superi- or Court which determined that 2 Del.C. § 1329, rather than 18 Del.C. § 6511, applies to these proceedings and limits any recovery to $300,000 per occurrence should be reversed because § 1329 is unconstitutional. The operative statutes are 18 Del.C. § 6511 and 2 Del. C. § 1309(20). The General Assembly’s statutory authorization and funding of the commercial liability insurance policies, which are applicable to the claims in this case, constituted acts that waived the State’s sovereign immunity…