Travelers Property Casualty Company of America v. Ely
| Decision Date | 05 June 2007 |
| Docket Number | Record No. 1057-06-1.,Record No. 1056-06-1. |
| Citation | 49 Va. App. 807,645 S.E.2d 342 |
| Parties | TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Appellant, v. Leslie C. ELY, Graycon, Inc., J.F. Schoch Building Corporation and Building Insurance Association, Inc., Appellees. Travelers Property Casualty Company of America, Appellant, v. Matthew L. Bailey, Willie M. Thomas Home Improvements and Uninsured Employer's Fund, Appellees. |
| Court | Virginia Court of Appeals |
Gerard E.W. Voyer (Audrey Marcello; Taylor & Walker, P.C., on brief), for appellant.
Andrew R. Blair (Blair Law Offices, on brief), for appellees J.F. Schoch Building Corporation, Building Insurance Association, Inc. and Uninsured Employer's Fund.
Lisa Frisina Clement (Kari Lou Frank; PennStuart, on brief), Richmond, for appellee Willie M. Thomas Home Improvement.
No brief or argument for appellees Leslie C. Ely, Graycon, Inc., or Matthew L. Bailey.
Before Chief Judge FELTON, Judges BENTON, ELDER, FRANK, HUMPHREYS, CLEMENTS, KELSEY, HALEY, PETTY, and BEALES.
Upon a Rehearing En Banc
By opinion dated, a divided panel of this Court affirmed the decision of the Virginia Workers' Compensation Commission. Travelers Property Cas. Co. of Amer. v. Ely, 49 Va.App. 271, 640 S.E.2d 520 (2007). On March 13, 2007, we granted rehearing en banc, vacated the panel opinion, and stayed the mandate entered on that date. Upon rehearing en banc, the commission's decision is affirmed without opinion by an evenly divided Court. Accordingly, the Court's February 6, 2007 mandate is vacated. The appellant shall pay to appellees Leslie C. Ely and Matthew L. Bailey damages according to law.
Judges ELDER, FRANK, HUMPHREYS, PETTY, and BEALES voted to affirm the commission's decision.
This order shall be published and certified to the Virginia Workers' Compensation Commission.
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Travelers Property Cas. Co. v. Ely
...evenly divided Court of Appeals approved the Commission's orders, and the court did not issue an opinion. Travelers Prop. Cas. Co. of Am. v. Ely, 49 Va.App. 807, 645 S.E.2d 342 (2007). Travelers Code § 65.2-804(B) states: "B. No policy of insurance hereafter issued under the provisions of t......
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American Zurich Insurance Company v. Amundsen, Record No. 2748-07-1 (Va. App. 3/31/2009)
...The deputy commissioner awarded benefits and, based on the en banc decision of the Court of Appeals in Travelers Property Casualty Co. v. Ely, 49 Va. App. 807, 645 S.E.2d 342 (2007), held the carrier responsible for paying them. On review, the commission affirmed the deputy's decision, ruli......
- Raab v. Com., Record No. 0972-06-1.