Erie Insurance Exchange v. Department of Highways

West Virginia Court of Claims

Erie Insurance Exchange v. Department of Highways

13 Ct. Cl. 339

CourtWest Virginia Court of Claims

DecidedJanuary 28, 1981

DocketCC-78-271

StatusPublished

This text of 13 Ct. Cl. 339 (Erie Insurance Exchange v. Department of Highways) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Erie Insurance Exchange v. Department of Highways, 13 Ct. Cl. 339 (W. Va. Super. Ct. 1981).

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Opinion

WALLACE, JUDGE:

This Court issued an Opinion on November 1, 1977, in the case of Charles E. Schooley v. Department of Highways (CC-76-131). In that Opinion, an award of $7,000.00 was made to the claimant, and a Release for payment thereof was subsequently issued and delivered to the claimant. This Release was never executed, and time for payment of the claim expired as of midnight, June 30, 1979.

Testimony in this claim established that the prior claim should have been a subrogation claim entitling the claimant herein to the proceeds of the prior award. Accordingly, this Court makes an award to the claimant in the amount of $7,000.00.

Award of $7,000.00.

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WALLACE, JUDGE:

This Court issued an Opinion on November 1, 1977, in the case of Charles E. Schooley v. Department of Highways (CC-76-131). In that Opinion, an award of $7,000.00 was made to the claimant, and a Release for payment thereof was subsequently issued and delivered to the claimant. This Release was never executed, and time for payment of the claim expired as of midnight, June 30, 1979.

Testimony in this claim established that the prior claim should have been a subrogation claim entitling the claimant herein to the proceeds of the prior award. Accordingly, this Court makes an award to the claimant in the amount of $7,000.00.

Award of $7,000.00.

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Bluebook (online)

13 Ct. Cl. 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erie-insurance-exchange-v-department-of-highways-wvctcl-1981.