Commonwealth, Department of Highways v. Automobile Club Insurance Co.

NEIKIRK, Judge.

Pursuant to KRS 412.030, the Automobile Club Insurance Company instituted before the Board of Claims this action seeking contribution from the Commonwealth of Kentucky, Department of Highways (hereinafter “Department”). The Board entered an order directing the Department to pay $7,000 as contribution to the Insurance Company. The Franklin Circuit Court upheld the award. The Department appeals. We affirm.

At the origin of the action, appellant had filed with the Board of Claims a motion to dismiss appellee’s claim. Appellant contended that the statute waiving the immunity of the…