Paxton National Insurance v. Brickajlik

WIEAND, Judge:

William Brickajlik was the owner of a truck which had been stolen while in the possession of Mycek’s Sunoco Service Center. Paxton National Insurance Company (P.N. I.), which had written a policy insuring against theft, reimbursed Brickajlik for his loss in the amount of $3,350. P.N.I. then attempted to assert a third party claim against Mycek’s Sunoco Service Center. Brickajlik refused to sign a complaint which would have enabled P.N.I. to commence an action against Mycek in Brickajlik’s name. Thereafter, P.N.I. commenced an action against Brickajlik, its insured, to recover…