Roanoke County Circuit Court January 26, 2000, Case No. CL99-591 (Virginia Mutual Insurance v. Burgess)

By Judge Robert P. Doherty, Jr.

Plaintiff insurance carrier was subrogated to its insured’s property damage claim and sued Defendant insurance carrier to recover the amount of its payment to its insured and to recover its insured’s deductible. Defendant insurance carrier denies that Plaintiff has a right to sue for damages and alleges that § 38.