Preferred Risk Mutual Insurance Co. v. Pagel

OPINION

SCHUMACHER, Judge.

Preferred Risk Mutual Insurance Company (Preferred Risk), a no-fault reparation obligor sued the alleged tortfeasors, respondents, claiming a right of subrogation for uninsured motorist benefits paid. Preferred Risk had paid uninsured motorist benefits to its insured, prior to the present action, that fully compensated her for her injuries. Respondents moved the trial court for summary judgment claiming that a no-fault carrier’s subrogation claim for uninsured motorist benefits which have been paid cannot be asserted against the tortfeasor. Respondents alleged that…