De La Vergne v. Employers Liability Assur. Corporation

This is a suit brought to recover the sum of $167.79 for damages to plaintiff's automobile. It is shown by the testimony that the automobile was covered by insurance and that plaintiff was paid the amount of his damages less the sum of $50 under the deductible clause of the policy. The suit in effect therefore is one brought on behalf of his insurer under a subrogation clause of the policy for the amount which it had to pay him for his damages and of course if he should ultimately recover judgment he would recover $50 in his own behalf. He is suing the Employers Liability Assurance…