American Employers Insurance v. Owens

Mary T. Wedding was injured in person and property by the negligent acts of Owens Demolition Company.

In consequence of her loss her insurer paid her the amount for which it was liable under its policy. The insurer became subrogated to her right of action against the tortfeasor and sued. Recovery was denied because the trial court found the insurer proved no damages. The theory was that because the insured, Wedding, received a condemnation award in the amount at which her property was appraised she suffered no damages. Ergo neither did her subrogee.

Such is not the law of this state as I…