Ex Parte Howell

Roberts v. Hughes, 432 So.2d 1232 (Ala. 1983), is not in conflict with the opinion here. Roberts involved a different issue. The insurer in that case had paid benefits under an automobile insurance policy as well as under a workmen's compensation policy. See 432 So.2d at 1233. Upon payment of collision benefits to its insured, the insurer was entitled to proceed against the third-party tortfeasor. Fidelity GuarantyFire Corp. v. Silver Fleet Motor Express, 242 Ala. 559,7 So.2d 290 (1942). The insurer in Roberts v. Hughes was, therefore, a subrogee. Its payment of workmen's compensation…