Central National Insurance Co. v. Horne

I

The Case.

SHRIVER, J.

This is a suit by an insurance company against its own insured seeking recovery of the amount paid by it under a policy of automobile collision insurance. The theory of plaintiff is that it suffered damages in the amount sued for because the defendant failed to cooperate in the prosecution of a suit brought in his name for the company’s benefit to recover from a third party the amount paid by the company to repair the defendant’s car.

The case was tried in the General Sessions Court where plaintiff’s suit was dismissed. On appeal to the Circuit Court there was a like…