Emmco Insurance v. Palatine Insurance

As found in the trial court’s findings of fact, the plaintiff insurance company, by payment of the entire loss to Frese, became subrogated to any. rights Frese then had against the defendant insurance company upon the policy issued by the latter. Therefore, the issues presented on this appeal must be determined on the same basis as if the insured himself had brought suit on the policy to recover for his loss.

In this case we have a situation in which the defendant insurance company seeks to avoid its policy by showing that a statement written into the policy by its own agent, without any…