Atlantic Mutual Insurance v. State

The court, in its decision filed June 18,1974, found the State to he liable and restored the claim for proof of damages.

With respect to this issue, the State contended that the claimant, as subrogeee, received no greater rights than that which the subrogor had and transferred to it. Two factors are relevant in determining this contention: one, whether the order of Judge Oooke, dated May 11, 1972, denying the motion on behalf of Mrs. iSmith to file a late claim, minified and stultified all allegations with respect to a claim involving the instant claimant, and *461two, if the effect of1 the…