B-170677, APR 5, 1971
Highlights
709 WHICH WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND ITS EMPLOYEE FROM ANY FURTHER LIABILITY TO THE COMPANY OR ITS INSURED. WILL NOT AFFECT THE CLAIM OF MRS. WHICH CLAIM IS NOW UNDER CONSIDERATION. TO YOSEMITE INSURANCE COMPANY: REFERENCE IS MADE TO YOUR LETTER OF MARCH 15. AN EXAMINATION OF THE EVIDENCE OF RECORD IN THIS CASE INDICATES THAT YOU ARE ENTITLED TO THE AMOUNT OF $1. THAT IS. A CHECK IN THAT AMOUNT WILL BE ISSUED AND MAILED TO YOU SHORTLY. YOU ARE ADVISED THAT SECTION 2672 OF TITLE 28. 709 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR. SUCH ACCEPTANCE WILL NOT AFFECT THE CLAIM OF MRS. WHICH CLAIM IS CURRENTLY UNDER CONSIDERATION IN OUR OFFICE.
B-170677, APR 5, 1971
CLAIM AGAINST THE U.S. - GOVERNMENT EMPLOYEE - AUTO ACCIDENT CONCERNING YOSEMITE INSURANCE COMPANY'S SUBROGATION INTEREST IN AN ACCIDENT INVOLVING THE AUTOMOBILE OF ITS INSURED, SANTIAGO SANCHEZ AND THAT OF JOSEPH J. EGLIN, AN EMPLOYEE OF GAO. THE RECORD INDICATES CLAIMANT'S ENTITLEMENT TO $1,709 WHICH WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND ITS EMPLOYEE FROM ANY FURTHER LIABILITY TO THE COMPANY OR ITS INSURED. ACCEPTANCE OF THIS AMOUNT, HOWEVER, WILL NOT AFFECT THE CLAIM OF MRS. SANCHEZ, WIFE OF THE INSURED, FOR PERSONAL INJURIES SHE ALLEGEDLY INCURRED IN THE SUBJECT ACCIDENT, WHICH CLAIM IS NOW UNDER CONSIDERATION.
TO YOSEMITE INSURANCE COMPANY:
REFERENCE IS MADE TO YOUR LETTER OF MARCH 15, 1971, AND PRIOR CORRESPONDENCE, CONCERNING YOUR SUBROGATION INTEREST IN AN ACCIDENT WHICH OCCURRED ON APRIL 23, 1970, INVOLVING THE AUTOMOBILE OF YOUR INSURED, MR. SANTIAGO SANCHEZ (YOUR CLAIM NO. 033599), AND THAT OF MR. JOSEPH J. EGLIN, JR., AN EMPLOYEE OF THE UNITED STATES GENERAL ACCOUNTING OFFICE.
AN EXAMINATION OF THE EVIDENCE OF RECORD IN THIS CASE INDICATES THAT YOU ARE ENTITLED TO THE AMOUNT OF $1,709; THAT IS, THE $1,800 PAID BY YOU TO MR. SANCHEZ AND THE MORRIS PLAN COMPANY OF CALIFORNIA, LESS $91 NET SALVAGE VALUE OF THE WRECKED AUTOMOBILE ($180 SALVAGE PAID TO YOU BY B. K. AUTO SALVAGE LESS $89 CHARGES INVOLVED IN SALVAGE PROCESS). A CHECK IN THAT AMOUNT WILL BE ISSUED AND MAILED TO YOU SHORTLY.
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, ACCEPTANCE OF THE CHECK IN THE AMOUNT OF $1,709 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR. EGLIN FROM ANY FURTHER LIABILITY TO YOU OR TO MR. SANCHEZ FOR DAMAGES ARISING FROM THE ACCIDENT HERE INVOLVED. SUCH ACCEPTANCE WILL NOT AFFECT THE CLAIM OF MRS. FRANCES G. SANCHEZ, WIFE OF YOUR INSURED, FOR PERSONAL INJURY SHE ALLEGEDLY INCURRED IN THE SUBJECT ACCIDENT, WHICH CLAIM IS CURRENTLY UNDER CONSIDERATION IN OUR OFFICE.