James Sherman, as Administrator of the Estate of Jane D.w. Doe, Plaintiff-Below, Appellant v. State of Delaware…

Summary

The court held that the State waived sovereign immunity because its self-insurance policy covered the State as a non-actor for intentional conduct by its employee, even though the policy excluded coverage for the employee personally. The court affirmed the denial of partial summary judgment on respondeat superior because whether the officer acted within the scope of employment remained a jury question, and affirmed dismissal of claims against the officer's estate because the applicable non-claim statute barred claims not presented within eight months of death. The judgment was therefore affirmed in part, reversed in part, and remanded for further proceedings.