Wilson v. Educators Mut. Ins. Ass'n

Associate Chief Justice Lee, opinion of the Court:

¶ 1 In this case we consider a subrogation action filed by Educators Mutual Insurance Association (EMIA) against a tortfeasor in a personal injury case. The court of appeals dismissed for lack of standing. It held that an insurer may sue for subrogation only in the name of its insured, not in its own name. We reverse on the basis of the terms of the insurance policy in question, which expressly recognize EMIA's authority "to pursue its own right of Subrogation against a third party" without regard to whether the insured "is made whole by any…