New Amsterdam Casualty Co. v. Acorn Products Co.

The plaintiff contends that Acorn breached its contract with Woerfel by not procuring workmen’s compensation insurance and, therefore, the plaintiff seeks damages equivalent to the sums paid the injured employee.

The defendant contends that the plaintiff, as insurer of Woerfel, is not entitled to subrogation against it. The defendant further asserts that plaintiff is subrogated to only those rights arising under the workmen’s compensation act and concludes that the plaintiff has no right of reimbursement under the act from Acorn.

The defendant is correct in saying that the plaintiff has no…