Kopperud v. Chick

The sole question before us is whether the plaintiff is the real party in interest in this suit against a third party or has lost that status by reason of entering into the loan agreement with his insurer. The loan receipt and agreement detailed the claim, disclaimed liability, and re cited the reasonableness of compromise settlements, the financial inability of the plaintiff, and the casualty company’s desire to make a loan for the purpose of making the settlements. The agreement provided the loan did not satisfy any obligation of the company to the plaintiff and was repayable only to the…