Allied Mutual Insurance Co. v. Heiken

CADY, Justice.

This appeal requires us -to consider the breach of contract remedies available to a subrogated insurer after the indemnified insured enters into a settlement with and release of the responsible tortfeasor in an action by the insured against the tortfea-sor for damages. The district court granted summary judgment for the insured in the insurer’s action against the insured for breach of the subrogation provisions of the insurance contract and for breach of the assignment executed by the insured upon payment of the loss by the insurer. On appeal, we affirm the judgment of the…