Shaw v. Close

MR. PRESIDING JUSTICE DEMPSEY

delivered the opinion of the court.

The plaintiff’s automobile was struck in the rear by an automobile driven by the defendant. The plaintiff executed a release which, for the sum of $73, discharged the defendant from all claims growing out of the accident. Excluded from the release, however, was the subrogation right of the plaintiff’s insurance carrier to recover from the defendant property damages in excess of the first $50 which the plaintiff was required to pay because of the deductible clause in his policy.

The plaintiff sued the defendant in his own name for…