Legal Opinion
Travelers Ins. v. Lutz
Akron Municipal Court
Decided October 15, 1964No. 414168PublishedCited by 19 opinions
1Opinion of the CourtReed, J.
Plaintiff insurance company alleges that it was subrogated to medical payments made by it to one Frances Jean Walker, wife of insured; that Frances Jean Walker executed a subrogation agreement whereby she assigned her claim against defendant third-party tort-feasor to plaintiff.
The demurrer is based on several grounds, some of which are based on decisions made in comparative antiquity and in days long before the frantic automobile age. These grounds may be summarized as follows:
1. There is no fund capable of assignment until judgment.
2. That such an assignment is in derogation of the com*145mon…
2Cases cited4 opinions
- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- Smith v. Motor Club of America Ins. Co.New Jersey Superior Court Appellate Division · 1959
- American Insurance v. Ellsworth Freight Lines, Inc.Ohio Court of Appeals · 1960
- Goings v. Black, Court of Common Pleas of Ohio, Franklin County, Civil Division1960
3Cited by19 opinions
- DeCespedes v. Prudence Mut. Cas. Co. of Chicago, Ill.District Court of Appeal of Florida · 1966
- Silinsky v. State-Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 1968
- Hospital Service Corp. v. Pennsylvania InsuranceSupreme Court of Rhode Island · 1967
- Travelers Indemnity Co. v. VaccariSupreme Court of Minnesota · 1976
- National Union Fire Insurance Company v. GrimesSupreme Court of Minnesota · 1967
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