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AUTOMOBILE CL. INS. CO. v. COMMONWEALTH, DEPT. OF HYS.

414 S.W.2d 578 (1967)

AUTOMOBILE CLUB INSURANCE COMPANY, Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 2, 1967.

Attorney(s) appearing for the Case

Robert S. Miller, Miller, Griffin & Marks, Lexington, for appellant.

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Jarvis Allen, Dept. of Highways, Frankfort, for appellee.

WADDILL, Commissioner.

This appeal presents the single question of whether an insurance company can maintain an action against the Commonwealth of Kentucky in the Board of Claims when its claim is solely for contribution.

Appellant, Automobile Club Insurance Company, settled a claim for wrongful death arising out of a highway accident for $14,000. It then sought to recover one-half of this sum from the Commonwealth of Kentucky by filing a claim, in the Board...

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