Old Republic Ins. Co. v. O’Neal

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Plaintiff was injured in accident while working for Speed Mining LLC. Plaintiff and his wife (together, Plaintiffs) filed suit against Speed Mining. Plaintiffs also named as defendants related companies and individuals (collectively, the Baughan defendants). At the time of the accident, Speed Mining was a named insured on a workers’ compensation policy of insurance issued by Old Republic. Plaintiff received workers’ compensation benefits under Speed Mining’s workers’ compensation policy. Plaintiffs later amended their complaint to add a declaratory judgment action against Old Republic, as it had asserted a statutory subrogation lien with respect to any settlement obtained by Plaintiffs from the Baughan defendants. Old Republic asserted its own declaratory judgment action against Plaintiffs. The circuit court entered summary judgment in favor of Plaintiffs. Old Republic subsequently filed a W. Va. R. Civ. P. 60(b) motion for relief from entry of judgment order. The Supreme Court reversed in part and affirmed in part, holding (1) the circuit court erred in denying Old Republic’s Rule 60 motion; but (2) the circuit court correctly granted summary judgment in favor of Plaintiffs because Old Republic’s claim for subrogation failed. View "Old Republic Ins. Co. v. O'Neal" on Justia Law