Continental Auto Insurance v. International Motor Co.

Reno, J.,

The Continental Auto Insurance Association insured Alexander J. Lucas against accidents to his automobile, which was damaged in a collision with defendant’s truck. The insurance carrier paid the damage and now seeks recovery from defendant, basing its right to recover both upon the equity of subrogation and an assignment by Lucas of his claim against defendant. The plaintiff is described as “Continental Auto Insurance Company, assignee of Alexander J. Lucas.” Defendant’s statutory demurrer raises these questions for decision: (a) Whether the claim is assignable; and (b) whether…