Broadnax v. Griswold

PITTMAN, Judge.

This appeal concerns the application of Rule 17(a), Ala. R. Civ. P., which provides, in pertinent part, that “[e]very action shall be prosecuted in the name of the real party in interest,” to a situation involving payment of a covered loss by an insurer when the pertinent insurance policy expressly provides for a transfer of the insured’s rights of recovery to the insurer upon such a payment.

In December 2004, the owner of a 1999 model Toyota Camry automobile, Charlina Broadnax (“the owner”), filed a civil action in the Montgomery District Court against Lashundra Shamon Griswold…