Allstate Insurance Company v. Austin

Deen, Judge.

One of the standard policy provisions having reference to the collision insurance provides that “upon payment . . . Allstate shall succeed to all the insured’s rights of recovery therefor, and the insured shall do whatever is necessary to secure such rights and do nothing after loss to prejudice them.” The satisfaction of Austin’s judgment was, of course, a complete settlement of his cause of action against the tortfeasor and was such an act as would make impossible any subsequent assignment of a claim for property damages to Allstate or collection by Allstate. It is stated in…