Farm Bureau Mutual Insurance v. Riverside Marine Remanufacturing, Inc.

I disagree with the majority opinion from the first sentence to the end of the opinion. This is not a subrogation action at all. Appellee’s automobile was involved in a collision with a third party. The insured was unable to agree with the appellant insurer on the amount of the loss under the terms of its policy. Appellee brought suit against appellant for collision damages plus penalties, interest, attorney’s fees and costs. Subsequently the insured found there had been vandalism damage to the vehicle. The vandalism occurred at a body shop where the vehicle was stored for pending repairs.…