Allianz Insurance v. State Farm Fire & Casualty Co.

Blackburn, Judge.

Allianz Insurance Company (“Allianz”) appeals the trial court’s order which granted defendant State Farm Fire & Casualty Company’s (“State Farm”) motion for summary judgment and denied Al-lianz’ motion for partial summary judgment. In the underlying action Allianz sought to subrogate the amount it paid to its insured as excess insurer against State Farm, the primary insurance carrier.

The undisputed facts establish that Robert G. Weinstein leased an automobile from Mercedes-Benz Credit Corporation (“MBCC”). Weinstein obtained an automobile insurance policy from State Farm…