ALLEN v. AETNA CAS. & SUR. CO.

Record No. 800911.

281 S.E.2d 818 (1981)

Clifton ALLEN v. AETNA CASUALTY AND SURETY COMPANY.

Supreme Court of Virginia.

September 11, 1981.


Attorney(s) appearing for the Case

Roy B. Fox, Jr., Newport News (Hall, Fox & Atlee, P.C., Newport News, on brief), for appellant.

Richard Wright West, Newport News (West, Stein, West & Smith, P.C., Newport News, on brief), for appellee.

Before CARRICO, C.J., and COCHRAN, COMPTON and STEPHENSON, JJ.


PER CURIAM.

In this appeal, we consider whether an allegation that a defendant breached an oral agreement to "effect a full and final settlement" of a tort claim states a cognizable cause of action for breach of contract.

In 1978, Clifton Allen filed a motion for judgment seeking $150,000 in compensatory damages and $250,000 in punitive damages from Aetna Casualty and Surety Company for breach of contract. Aetna filed a demurrer in which it asserted, inter...

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