B-165461, MAR. 26, 1969

B-165461, MAR. 26, 1969

TO AETNA INSURANCE COMPANY:

REFERENCE IS MADE TO YOUR CLAIM, SUBMITTED BY YOUR ATTORNEY, VICTOR BADER, ESQUIRE, COUNSELLOR AT LAW, 225 WEST 34TH STREET, NEW YORK, NEW YORK 10001, AS SUBROGEE OF THE CITED POLICYHOLDER, FOR DAMAGES TO HER AUTOMOBILE CAUSED BY AN ACCIDENT ON AUGUST 27, 1968, INVOLVING A GENERAL SERVICES ADMINISTRATION AUTOMOBILE DRIVEN BY MR. MICHAEL SAVINO, AN EMPLOYEE OF THE GENERAL ACCOUNTING OFFICE.

AS WE ADVISED MR. BADER IN OUR LETTER OF FEBRUARY 17, 1969, B 165461, THE EVIDENCE OF RECORD INDICATES THAT MERYL HELENE KAROL IS ENTITLED TO THE AMOUNT OF $903.74 IN CONNECTION WITH THIS ACCIDENT. HOWEVER, SINCE MRS. KAROL'S COLLISION INSURANCE WAS A $50-DEDUCTIBLE POLICY AND YOU PAID HER ONLY $853.74, YOUR SUBROGATION RIGHT TO HER CLAIM EXTENDS ONLY TO THAT AMOUNT. PURSUANT TO MR. BADER'S REQUEST OF FEBRUARY 19, 1969, A CHECK IN THE AMOUNT OF $853.74 WILL BE ISSUED AND MAILED TO YOU SHORTLY. THE REMAINING $50 OF THE GOVERNMENT'S TOTAL LIABILITY IN THIS MATTER WILL BE RESERVED PENDING RECEIPT OF A CLAIM THEREFOR FROM MRS. KAROL.

YOU ARE ADVISED THAT SECTION 2672 OF TITLE 28, U.S.C. WHICH AUTHORIZES THE SETTLEMENT OF CLAIMS OF THE TYPE HERE INVOLVED, PROVIDES THAT:

"THE ACCEPTANCE BY THE CLAIMANT OF ANY SUCH AWARD, COMPROMISE, OR SETTLEMENT SHALL BE FINAL AND CONCLUSIVE ON THE CLAIMANT, AND SHALL CONSTITUTE A COMPLETE RELEASE OF ANY CLAIM AGAINST THE UNITED STATES AND AGAINST THE EMPLOYEE OF THE GOVERNMENT WHOSE ACT OR OMISSION GAVE RISE TO THE CLAIM, BY REASON OF THE SAME SUBJECT MATTER.'

IN VIEW THEREOF, YOUR ACCEPTANCE OF THE CHECK IN THE AMOUNT OF $853.74 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR. SAVINO FROM ANY FURTHER LIABILITY TO YOU FOR DAMAGES ARISING FROM THE ACCIDENT HERE INVOLVED.