# Morgan v. Public Employees Insurance Board

> West Virginia Court of Claims · May 25, 1983 · 14 Ct. Cl. 471

URL: https://www.frixlaw.com/law-library/cases/8579866

## Case

- **Full name:** ELLERY H. MORGAN v. PUBLIC EMPLOYEES INSURANCE BOARD AND ALCOHOL BEVERAGE CONTROL COMMISSIONER
- **Court:** West Virginia Court of Claims
- **Decided:** May 25, 1983
- **Citations:** 14 Ct. Cl. 471
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8579866

## Opinion text

PER CURIAM:
In this claim, submitted for decision upon the pleadings, claimant seeks payment of $2,189.24 for overpayment of his insurance premiums. Respondent’s Answer, although admitting the validity of the claim, also states that there were insufficient funds remaining in its appropriation for the pertinent fiscal year from which the obligation could have been paid.
While we feel that this is a claim which in equity and good conscience should be paid, the Court is of the opinion that an award cannot be made, based on our decision in Airkem Sales & Service, et al. vs. Dept. of Mental Health, 8 Ct.Cl. 180 (1971).
Claim disallowed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8579866. Public record. Not legal advice.