November 18th, 2009
Petitioners, the West Virginia Department of Transportation, Division of Highways and Commissioner Paul A. Mattox, appeal following a Brooke County Circuit Court jury verdict in favor of the plaintiffs in the amount of more than $8 million. On appeal, petitioners argue that the lower court erred in failing to remit the judgment amount exceeding the DOH insurance coverage, and in failing to recognize that Endorsement No. 7 provides an exclusion to coverage under the State's insurance policy.
