A recent AAJ article reports that a petition is pending requesting that the Supreme Court allow active duty military personnel to sue the government. Petty Officer Nathan Hafterson died on March 26, 2006, at Naval Hospital Jacksonville after being admitted for trouble breathing. His attorneys state that it would put military members on the same footing as civilians under the Federal Tort Claims Act. This malpractice action was denied by the lower courts because a federal law (known as the Feres doctrine) prohibits active military members from suing the US government.
Court of Appeals Rules on SUM Claims
June 4, 2009
In a decision dated June 4, 2009, In the Matter of Allstate Insurance Company v. Rivera, the Court of Appeals handed down a ruling regarding SUM claims. Essentially the Court ruled that insurers under a SUM policy are “able to reduce the coverage limits of the tortfeasor’s policy