Legal Opinion

Allstate Insurance v. Clarke

Supreme Court of Pennsylvania

Decided June 10, 1987No. 148PublishedCited by 50 opinions

1Opinion of the Court

BROSKY, Judge:

This is an appeal from an order entering summary judgment in favor of Appellee-plaintiff in the amount of $4,007.00.

Appellant has raised two issues in this appeal: (1) whether a subrogee is entitled to full payment when an entire matter has not been litigated and only a portion of the claimed damage has been recovered by settlement; and (2) whether the subrogor may make payment in full less reasonable attorneys fees where the fund against which a subrogee attempts to collect has been created by the work of the attorney for the subrogee.

*199We have reviewed the record and briefs…

2Cases cited5 opinions

  1. Associated Hospital Service v. PustilnikSupreme Court of Pennsylvania · 1981
  2. Illinois Automobile Insurance Exchange v. BraunSupreme Court of Pennsylvania · 1924
  3. Associated Hosp. Serv. of Phil. v. PustilnikSuperior Court of Pennsylvania · 1979
  4. Michel v. City of BethlehemCommonwealth Court of Pennsylvania · 1984
  5. Fell v. Johnston Et Ux.Superior Court of Pennsylvania · 1943

3Cited by50 opinions

  1. Powell v. Blue Cross and Blue ShieldSupreme Court of Alabama · 1990
  2. Johnson v. BeaneSupreme Court of Pennsylvania · 1995
  3. Daley-Sand v. West American InsuranceSupreme Court of Pennsylvania · 1989
  4. Bell v. SlezakSupreme Court of Pennsylvania · 2002
  5. AAA Mid-Atlantic Insurance v. RyanSupreme Court of Pennsylvania · 2014

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