Thatcher v. Eichelberger

Two issues are presented: (1) Whether an insurer can be subrogated to the rights of its insured to the proceeds of a wrongful death action, where the insurer paid a claim to the insured under an uninsured motorist provision of an insurance policy; and (2) whether a settlement agreement between the parties is final prior to its execution. We conclude that the insurer is entitled to subrogation and that the settlement was final.

The decedent, Anne Thatcher, died as a result of injuries she received in a collision which occurred on August 17,1975, between the motorcycle on which she was a…