Baillio v. Western Casualty & Surety Co.

FRUGÉ, Judge.

This appeal concerns the damages plaintiff is entitled to recover from defendant, the liability insurer of an automobile owned by John D. Gerzine, which collided with another vehicle at an intersection, knocking the latter vehicle into plaintiff’s parked car. The collision insurer of plaintiff’s vehicle intervened, claiming from the defendant the amount expended by it in the repair of plaintiff’s automobile by virtue of a subrogation agreement executed in its favor by the plaintiff. The lower court awarded plaintiff, on his demand, the $100.00 deductible that he paid but…