Commercial Union Insurance Co. v. Postin

Because the majority base their opinion upon an assumption that is not supported by the record and because I do not find persuasive the principles set forth in Couch, apparently relied upon by the majority, I must dissent. While I agree with Commercial Union that it was not acting as a volunteer when it paid the claim, I would have decided the case under the doctrine of conventional subrogation, thus eliminating the need to consider the volunteer issue.

After setting forth a cursory recital of the facts, the majority conclude that “acting on an insurance adjuster’s report which recognized the…