Vogt v. Schroeder

HEFFERNAN, CHIEF JUSTICE.

This is an appeal from an order of the circuit court for Washington county accepted by this court upon the certification of the court of appeals.

The question in this case is whether an underin-surer has a right of subrogation against an underin-sured tortfeasor when the underinsurer makes a partial payment of its insured's damages. We conclude that it has the right of subrogation; and therefore, with modification, we affirm the circuit court order.

The issue arises out of the following facts. The plaintiff, Hubert W. Vogt (the insured), a passenger in his own…