United States Fidelity & Guaranty Co., Indiv. And as Statutory Subrogee of Betty B. Miller v. Carl Subler Trucking, Inc.

The question in this case is whether an insurer, entitled by way of subrogation to a claim for personal injury benefits paid its insured, may bring a separate suit against the defendant tortfeasor, previously sued for personal injury damages by the insured in an action where the insurer had the right to intervene but did not. Although the insurance company plaintiff, having lost in the district court, correctly argues on appeal that the Georgia statutes and cases do not squarely hold that the failure to intervene in the prior suit forecloses its action against the tortfeasor, the cases…