Phoenix Assurance Co. of New York v. Royale Investment Co.

WOLFE, Acting Presiding Judge.

This is an action by the plaintiff, Phoenix Assurance Company of New York, to recover from Royale Investment Company the amount the “Assurance Company” paid to Roy M. Scott. The plaintiff sought recovery by right of subrogation after paying Scott $603.62 under a policy of insurance. This sum was for damages to Scott’s automobile which had been stolen from a parking lot operated by the defendant Royale Investment Company. There was a judgment for the plaintiff, and the defendant prosecutes this appeal.

The facts of the matter are that the Royale Investment Company…