Sharp v. Bannon

MILLIKEN, Justice.

In this case a tort-feasor, without notice of an insurance company’s subrogation claim, settled a suit brought by the insured and an agreed order (‘now dismissed settled” was filed in court. The principal question presented on this appeal is whether this order “dismissed settled” is a bar to a subsequent action by the insurance company, subrogee, for the same damage.

In behalf of the insured, Charles E. Ban-non, the Detroit Inter-Insurance Exchange, on December 9, 1947, paid out under a' $25 deductible collision policy, the sum of $951.-48 to repair, damage to his automobile,…