Whaley v. Great American Insurance Company

In the Burgess (consent) judgment it was agreed that, upon payment thereof by Firestone, “an action may be brought by it, as subrogee of the William Charles Whaley estate, or in the name of Lillian II. Whaley, Administratrix of the estate of William, Charles Whaley v. Great American Insurance Company and North American Insurance Company (sic), to determine their liability on the policies referred to.” Firestone paid the judgment. This action was instituted solely for its benefit. It is not an insured under either policy. It must recover, if at all, as subrogee. It stands in the same position…