INSURANCE - RIGHT OF INSURER TO BE SUBROGATED TO CLAIM OF INSURED AGAINST A THIRD PERSON WHERE IT HAS PAID A CLAIM ON WHICH IT WAS NOT LIABLE

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Plaintiff paid insured for damage done to his building because of the defendant's negligence, and received a subrogation receipt from the insured. Plaintiff now sues for damages in its own name and for its own benefit. The policy provided that it should be void if the insured did not have sole and unconditional ownership of the property. Title to the damaged property was in the name of the insured's wife, and therefore the policy was void. Held, since the insurer was not obligated under the policy, it was a mere volunteer, and could not be subrogated to the insured's rights against the defendant. Old Colony Ins. Co. v. Kansas Public Service Co., (Kan. 1942) 121 P. (2d) 193.

Recommended Citation

Michigan Law Review, INSURANCE - RIGHT OF INSURER TO BE SUBROGATED TO CLAIM OF INSURED AGAINST A THIRD PERSON WHERE IT HAS PAID A CLAIM ON WHICH IT WAS NOT LIABLE, 40 Mich. L. Rev. 1240 (1942).
Available at: https://repository.law.umich.edu/mlr/vol40/iss8/11