32 C.F.R. § 536.77 Claims against the ARNG tortfeasor individually.
Title 32 - National Defense
The procedures set forth in §536.9(f) are applicable. With respect to claims arising before 29 December 1981, an ARNG driver acting pursuant to the authorities cited in §536.73(a) is not protected by the provisions of the Drivers Act (28 U.S.C. 2670(b)) and the driver may be sued individually in State court. When this situation occurs, it should be monitored closely by ARNG authorities. If possible an early determination will be made as to whether any private insurance of the ARNG tortfeasor is applicable. Where such insurance is applicable and the claim against the United States is of doubtful validity, final actions will be withheld pending resolution of the demand against the ARNG tortfeasor. If, in the opinion of the claims approving or settlement authority, such insurance is applicable and the claim against the United States is payable in full or in a reduced amount, settlement efforts will be made either together with the insurer or singly by the United States. Any settlement will not include amounts recovered or recoverable as in §536.9. If the insurance is not applicable, settlement or disapproval action will proceed without further delay.
Title 32: National Defense
PART 536—CLAIMS AGAINST THE UNITED STATES
Subpart C—Claims Arising From Activities of National Guard Personnel While Engaged in Duty or Training
§ 536.77 Claims against the ARNG tortfeasor individually.
