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Feb 22, 2019 a 7:12 am PST
Seems to me that this will be subject to constitutional challenge. Retroactive liability seems so unfair but then again the two-year SOL on personal injuries was held to be retroactive. It will be interesting to see how this plays out, and whether the law will be challenged. Obviously, the "plaintiffs" are very sympathetic which is always an issue. Interesting legal issue.
Beth Harville Feb 25, 2019 a 3:02 pm PST
I would think the excess carriers on the risk for the impacted agencies as of 1/1/20 might take exception to becoming liable for something that actually occurred 2+ years earlier. While these Counties and Cities are likely self-insured, they almost certainly have excess coverage who would be impacted by this after-the-fact law change.