Guerin v. Indemnity Insurance Co. of North America

The plaintiff recovered a judgment against one LeClerc for personal injuries caused by the latter’s negligence in the operation of an automobile. At the time the injuries were received LeClerc was insured by the defendant against loss from liability imposed by law for such injuries. This action is brought under Chapter 331 of the Public Acts of 1919, by which, if the defendant in an action to recover for such injuries is insured against loss from such liability, the judgment creditor is subrogated to the rights of the assured against his insurer.

One of the conditions of the policy written by…