Neitlich v. Amica Mutual Insurance Co.

On August 9, 1973, the plaintiff had his automobile, a 1972 Cadillac coupe, stolen from a parking lot. On September 17,1973, the defendant, his theft insurer, accepted his proof of loss and shortly thereafter paid $5,776.11 for the theft loss. In keeping with the terms of the policy, 2 the plaintiff executed a subrogation receipt. 3 Under the receipt, the defendant brought suit against the owner of the parking lot and the attendant responsible for the loss. In late 1976, the insurer recovered judgment against the third parties liable for the theft, and ultimately received the sum of $8,407.54…