Paxton National Insurance v. Brickajlik

OPINION OF THE COURT

FLAHERTY, Justice.

We granted the petition for allowance of appeal of Paxton National Insurance Company to consider whether, after an insured refuses to sign a third party complaint, an insurer should be allowed to recover benefits previously paid to the insured under an insurance policy.

The insured is appellee, Mr. William Briekajlik, the owner of a truck which was stolen while in the possession of a service station. Based on a written policy insuring against theft, the insurance company reimbursed Mr. Briekajlik for his loss. The reimbursement was $3,350. The insurance…