Cases

Howard Wrenn and Sandra Belcher v. WV Dept. of Transportation, et al.

Case Number:
34717
Case Date:
09-09-2009
Case Issue:

The plaintiffs appeal the circuit court's order granting the defendant Division of Highways' motion to dismiss. The court found that exclusionary Endorsement No. 7 to the State's liability insurance policy means that there is no coverage for the plaintiffs' claims, thus the defendant enjoys sovereign immunity and the court lacks subject matter jurisdiction. The plaintiffs argue that the court erred in its reading of the endorsement and erred by not holding that the endorsement is void as against state law and public policy.