Allstate Insurance v. Welch

Johnson, Presiding Judge.

In 1998, Gordon Welch sued Allstate Insurance Company’s insured, Kent Burden, for damages arising out of an automobile accident. Burden answered and filed a counterclaim for property damage. Burden later withdrew his counterclaim. A jury found in favor of Burden, and a judgment was entered on the jury verdict.

Subsequently, Allstate Insurance Company filed the present subrogation action in its own name against Welch to recover property damage benefits it paid to Burden. Welch moved for summary judgment on the basis that Allstate Insurance Company was not the real party…