Hardware Dealers Mutual Fire Insurance v. Sheek

By proper assignments of error, the plaintiff contends the trial court 'committed errors of law: (1) by allowing the defendant’s motion to amend his answer to allege the plaintiff, having paid only a part of the loss, is not the real party in interest; (2) by refusing to permit the plaintiff to amend the complaint by making the insured an additional party; and (3) by.dismissing the action.

Our cases seem to establish the proposition that when an insurer of property pays the insured’s loss, he is subrogated .to the extent of the payment to insured’s claim against the wrongdoer who caused the…