Emmco Insurance Co. v. Kuss

YARRUT, Judge.

Plaintiffs appeal from a judgment dismissing their suit to recover $371.49, property damage to the automobile of plaintiff, Patureau. Plaintiffs are, respectively, the insurer and the insured, the insurer seeking recovery as subrogee of plaintiffs’ claim, less $50.00, and the insured for recovery of the $50.00 withheld by insurer under the deductible clause. When referring to the manner in which the collision occurred, reference to “plaintiff” will necessarily be to Patureau only.

At the conclusion of the case, when the trial judge was asked for reasons for dismissing plaintiffs’…