Preferred Risk Mutual Insurance v. State Farm Mutual Automobile Insurance

On November 11, 1981, the trial judge issued an order granting judgment to plaintiff for $24,327.38. Defendant appeals as of right.

On December 2, 1977, Daniel Cassady drove his van (insured by defendant) into the front of Brat-ton and Marjorie Horn’s home (insured by plaintiff). The parties eventually decided that plaintiff would settle the claim with the Horns and would then submit to defendant its own claim as subrogee of its insured. Plaintiff eventually gave defendant written notice of subrogation on March 22, 1978. Between then and April 5, 1979, the two parties negotiated the claim.…