Dairy Ex Rel. Employers Mutual Liability Insurance v. Preferred Risk Mutual Insurance

This is an appeal from a judgment against plaintiff in an action at law brought by a workmen’s compensation insurance company against the liability insurance company of the driver of an auto which caused the death of an employee of the plaintiff’s insured. Plaintiff seeks to recover from defendant insurer the amount of compensation death benefits which plaintiff paid to the employee’s widow, a total of $9,248.

The complaint alleged that Preferred Risk made a settlement with and paid money to the widow-administratrix, and thereby:

1. Violated the subrogation rights granted plaintiff by the…