Illinois Farmers Insurance Co. v. Nash

OPINION

HARTEN, Judge.

Respondent insurer brought this sub-rogation action against appellant, an un-derinsured tortfeasor, to obtain reimbursement of the underinsured benefits respondent had paid to its insured. The parties brought cross-motions for summary judgment. The district court granted respondent’s motion and denied appellant’s motion. Because we conclude that respondent was not entitled to bring a subrogation action, we reverse the summary judgment and remand for dismissal.

FACTS

Appellant Stephanie Nash injured Catherine Walker Owusu (Owusu 1 ), an insured of respondent Illinois Farmers…