Leader National Insurance v. American Hardware Insurance Group

The issue in this subrogation appeal is whether the insurer of the negligent driver of a vehicle or the insurer of the owner of the vehicle involved in an accident should pay for the damages suffered by third parties.

The trial court found that, under the amended petition filed in this case, the insurer of the owner of the vehicle, American Hardware Insurance Group (American), could not be held liable for the damages paid to third parties by the driver’s insurer, Leader National Insurance Company (Leader). We affirm.

ASSIGNMENT OF ERROR. In substance, Leader claims that the trial court erred in…