Farm Bureau Mutual Insurance Co. v. National Family Insurance Co.

OPINION

FOLEY, Judge.

This appeal challenges the trial court’s ruling that an insured cannot waive an insurer’s subrogation rights. We reverse and remand.

FACTS

The facts of this case are undisputed. On December 21, 1981, respondent Kevin Eckblad was driving his father’s grain truck, which was insured by appellant National Family Insurance Company, and ran out of gas. Eckblad walked to his parent’s house and drove his pickup truck, which was insured by respondent Farm Bureau Mutual Insurance Company, to buy gas for the grain truck.

In the meantime, a highway patrol officer discovered the grain…