Farmers Insurance Exch. v. Allstate Insurance Co.

LEVIN, District Judge.

Plaintiff, Farmers Insurance Exchange, as the insurer on an automobile policy issued to George. E. Furtaw, has moved for summary judgment against defendant, Allstate Insurance Company, on the theory that defendant, also an insurer of Furtaw, is liable for a proportion of the damages resulting from an automobile accident occurring on October 19, 1952. By the terms of the plaintiff’s policy it became subrogated to Furtaw’s rights as to any other insurance policy on his automobile.

No issue of fact has been raised by the affidavits and supporting papers which have been…