Preferred Risk Mut. Ins. Co. v. Courtney

393 So.2d 1328 (1981)

PREFERRED RISK MUTUAL INSURANCE CO.

v.

Jessie C. COURTNEY et al.

No. 52259.

Supreme Court of Mississippi.

February 18, 1981.

George E. Dent, Aultman & Aultman, Hattiesburg, for appellant.

D. Gary Sutherland, Joseph O'Connell, Heidelberg, Sutherland & McKenzie, Hattiesburg, for appellees.

Before SMITH, SUGG and LEE, JJ.

SUGG, Justice, for the Court:

The question in this case is, may an insurance company recover from a tort feasor, under a subrogation clause in its policy, the amount paid its insured for medical expenses and loss of income due under the terms of the policy; when, (1)…