Smith v. Travelers Insurance

The specific question certified below is as follows:

“Whether a single canse of action for personal injuries may be divided to the extent that an insurer, subrogat-ed to the medical payments claim assigned by the insured, may prosecute this claim in a separate action against the tortfeasor?”

In the opinion written by Judge Holmes, the Court of Appeals below stated: “We feel that the latter position as taken by the Hamilton County Court of Appeals, in * * * [Hartford Accident Co. v. Elliott (1972), 32 Ohio App. 2d 281], is the more reasonable view, and one which would express the better public…