Legal Opinion · Concurring in part, dissenting in part

Joseph v. Inter-Ocean Insurance Agency, Inc.

Supreme Court of The Virgin Islands

Decided September 25, 2013No. S. Ct. Civil No. 2011-0111Published

1Concurring in part, dissenting in partSwan, Associate Justice

Inter-Ocean Insurance, Inc. brought suit against Camira Joseph seeking reimbursement for damages the insurer paid arising from an accident caused by Joseph’s then 18 year old brother. I agree with the majority that Inter-Ocean’s payments relating to these injuries were mandated by the Virgin Islands Compulsory Insurance Clause. However, I disagree with the majority and would find that Inter-Ocean is entitled to subrogation. Therefore, I would affirm the trial court’s grant of summary judgment.

I. FACTUAL AND PROCEDURAL HISTORY

During the times relevant to this matter, Camira Joseph (“Joseph”)…

2Cases cited38 opinions

  1. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  2. K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
  3. Marie Saldana v. Kmart Corporation Marie Saldana, in No. 99-4055Court of Appeals for the Third Circuit · 2001
  4. Leonard v. Nationwide Mutual InsuranceCourt of Appeals for the Fifth Circuit · 2007
  5. Fields v. Western Preferred Cas. Co.Louisiana Court of Appeal · 1983

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