OPINION ISSUED JANUARY 6, 1987
KAREY LYNN WELLS
VS.
BOARD OF REGENTS
(CC-85-253)
Claimant appeared in person.
Robert D. Pollitt, Assistant Attorney General, for respondent.
PER CURIAM:
In November, 1984, the claimant was a student at West Virginia
University, Morgantown,
Monongalia County. She left the University's Towers Dormitory for
the
Thanksgiving vacation.
She returned to find a number of her personal possessions missing,
and
seeks $380.00 as
compensation for the missing items.
The claimant contends that a master key to the dormitory was
stolen,
and she alleges
negligence on the part of respondent for failing to safeguard her
personal property. She does not
have any direct personal knowledge that this master key was
missing.
Communication from the state's insurance carrier, CNA, indicated
that
CNA has coverage for
claims of this nature, but denies liability in this specific case.
West Virginia Code §14-2-14(5) provides that the Court's
jurisdiction
does not extend to a
proceeding which may be maintained against the state, by or on
behalf of
the claimant in the
Courts of the State. As CNA Insurance provides coverage for West
Virginia University as
carrier for the state of West Virginia, claimant may pursue this
claim
in the courts of this State.
For his reason, the Court lacks jurisdiction of this claim and is of the
opinion to and does deny
this claim.
Claim disallowed.
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