Prudential Commercial Insurance ex rel. New Jersey Automobile Full Insurance Underwriting Ass'n v. Michigan Mutual Insurance

ORDER

ROBERT H. HALL, District Judge.

This case is before the court on defendant’s motion for summary judgment. Fed.R.Civ.P. 56(c). The parties have entered into a stipulation of facts which present for this court a single issue of law. The question this court must address is simply whether an insurer who has a statutory right of subrogation against a tort-feasor may recover upon that right after its insured has reached a settlement with the tortfeasor in an action in which the insurer chose not to exercise its right to intervene?

The court finds that the insurer waived its right to subrogation…