Hayward v. State Farm Mutual Automobile Insurance

I dissent. True, appellant procured from Hayward the subrogation assignment when it settled for the damage to his car under the terms of its policy. But' when later Hayward sued Vollbrecht, whose negligence damaged the car and inflicted serious personal injuries on Hayward, Yollbrecht alone could defend on the ground that the former’s cause of action had been split.

Subrogation rests on equity principles. Appellant claims $279.52 of the judgment Hayward obtained against Vollbrecht. The burden was upon it to prove that the judgment includes damages awarded for the car. The trial court’s finding…