Erie Insurance Co. v. George

ON PETITION TO TRANSFER

BOEHM, Justice.

This case deals with the ability of an insurer who has reimbursed part, but not all, of the insured’s claim for personal injuries against a third party to institute its own action, apart from its insured’s, to recover its subrogated amount. It also deals with the effect of Indiana Code § 34-4-41, which provides for subrogated insurers to bear a portion of the legal expense of collecting their and their insured’s claim. We hold that an insurer may not sue independently to enforce a personal injury claim arising out of subrogation prior to resolution of its…