Legal Opinion · Concurrence

Farmers & Mechanics Mutual Insurance v. Marlon Allen, Sr.

West Virginia Supreme Court

Decided October 14, 2015No. 14-0967Published

1ConcurrenceDavis, Justice

I agree with the majority’s decision to reverse the circuit court’s ruling because the insurer is entitled to maintain a subrogation claim against the tenant’s estate under the facts of the case sub 'judice.-\ However, I depart' from my brethren insofar as their resolution of the instant proceeding fails to explain the process'for resolving such subro-gation issues. Rather than providing a clear and definite roadmap of the analysis to be employed in determining when an insurer is . entitled to subrogation from its insured’s tenant, the majority simply ignores this opportunity to provide…

2Cases cited11 opinions

  1. Sutton v. JondahlCourt of Civil Appeals of Oklahoma · 1975
  2. Rausch v. Allstate InsuranceCourt of Appeals of Maryland · 2005
  3. Fire Insurance Exchange v. GeekieAppellate Court of Illinois · 1989
  4. Ray v. DonohewWest Virginia Supreme Court · 1986
  5. Huggins v. FitzpatrickWest Virginia Supreme Court · 1926

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