Great Falls Insurance Co. v. Jordan

BARRY, Judge.

Great Falls Insurance Company appeals a summary judgment denying its subrogation claim against Willie Jordan and his insurer, Liberty Mutual Insurance Company.

On January 27, 1979 Jordan’s car collided with a car driven by Freddie Williams. On April 13, 1979 Williams’ insurer, Great Falls, paid him for the vehicle damage (minus the deductible) and he subrogated his claim.

Four months later, unknown to Great Falls, Williams settled with Jordan and his insurer, Liberty Mutual and he signed a receipt and release discharging both on all claims. Neither Williams nor his attorney advised…