Lloyd Wood Construction Co. v. Con-Serv, Inc.

ON REHEARING

MADDOX, Justice.

In view of appellee’s very forceful argument on application for rehearing that we have changed the law of subrogation in the State of Alabama in the original opinion, we deem it advisable to extend our opinion. The theory upon which the plaintiffs proceeded in the trial court was that there was “one claim” and that Aetna, having paid part of Con-Serv’s suppliers, was “partially subrogated” to Con-Serv’s olaim against Wood and Continental. A close reading of the original opinion will show that while we discussed rights of subrogation generally we did not decide that…