McCobb v. Clayton County, 309 Ga. App. 217

McCobb sued Clayton County for wrongful death alleging an officer's high‑speed chase proximately caused Larry Smith's death.
Clayton County moved for judgment on the pleadings arguing it had not waived sovereign immunity.
McCobb asserted the county waived immunity by purchasing liability insurance covering the claim.
The trial court granted the motion for judgment on the pleadings, dismissing the complaint.
The appellate court reviews de novo the motion on the pleadings, construing the complaint in the plaintiff's favor.
The court analyzes whether OCGA §§ 33-24-51 and 36-92-2 provide a waiver of sovereign immunity for police pursuit claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does insurance coverage waive sovereign immunity?	McCobb contends the county's liability insurance waives immunity for her claim.	Clayton County argues no waiver unless statute expressly grants it.	Waiver exists up to policy limits under 36-92-2.
Is a waiver under OCGA § 33-24-51 valid for a police pursuit claim?	McCobb relies on insurance to show waiver of immunity for negligent use of a motor vehicle.	County relies on Peeples and argues no waiver via pursuit context.	Waiver applies when pursuit involves reckless disregard under § 40-6-6; Peeples is distinguishable.

Peeples v. City of Atlanta, 189 Ga.App. 888 (1989) (discussed in context of sovereign immunity for pursuit cases)
Cameron v. Lang, 274 Ga.122 (2001) (waiver for negligent use of a covered motor vehicle may arise without requiring contact between vehicles)
Standard v. Hobbs, 263 Ga.App. 873 (2003) (insurance waiver for sheriff's deputy liability in pursuit cases)
Rahmaan v. DeKalb County, 300 Ga.App. 572 (2009) (noting waiver under § 40-6-6 via insurance for a bystander in a pursuit)
Mixon v. City of Warner Robins, 264 Ga. 385 (1994) (discussion of sovereign immunity and causation in municipal contexts)
Toombs County v. O'Neal, 254 Ga. 390 (1985) (constitutional extension of sovereign immunity to counties)