Weingarten v. Gross

In this appeal of right from a final order of the State Corporation Commission (the “Commission”), we consider whether a claim for mandatory indemnification, pursuant to Code § 13.1-698, is entitled to be paid as “costs and expenses of administration,” pursuant to Code § 38.2-1509(B)(l).

I. Facts and Proceedings Below

The complete history of this case is reported in Gross v. Weingarten, 217 F.3d 208 (4th Cir. 2000). The facts are not in dispute and we summarize only those facts relevant to this appeal. On May 13, 1991, the Circuit Court for the City of Richmond entered an order placing Fidelity…