Capitol Fuels, Inc. v. Clark Equipment Co.

McGRAW, Justice:

The Honorable A. Andrew MacQueen of the Thirteenth Judicial Circuit entered an order in this action certifying the following question to this Court:

Where an insurance company under the provisions of a policy issued to its insured, compensates its insured in part for a loss and has the right under the subrogation provisions of its policy to bring an action either in its name or in the name of its insured, and the insured institutes an action in which it seeks to recover for damages allegedly caused by the defendants, the amount of the damages sought including the subrogation…