American Motorists Insurance v. King Shrimp Co.

Birdsong, Presiding Judge.

In this subrogation case, King Shrimp Company filed suit against L. H. Day, Day Trucking Company and Day Trucking Company’s insurer, American Motorists Insurance Company (American Motorists) to recover for loss of a cargo of seafood which was being transported in May 1985, by Day Trucking. Ultimately, King Shrimp’s insurer, National Agra Underwriters Insurance Company, paid King Shrimp’s loss. The complaint alleges that “plaintiff has duly presented its claim to the defendant [American Motorists] and . . . the said defendant has failed or refused to honor the…