Fidelity-Phoenix Fire Insurance v. Treleaven

Citations

• 108 Kan. 804
• 196 P. 1085
• 1921 Kan. LEXIS 272

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Insurance — Action by Insurer for Loss Paid to Insureds — Rights of Insured to Subrogation — Matters Not Res Judicata. The owner of property destroyed by fire sued a person by whose negligence the loss, was alleged to have been caused, asking and recovering judgment for-the value of the property less an amount paid by a company in which it was insured; thereafter the present action was brought by the insurance company against the same defendant for the amount it had paid the owner; it is held that, assuming that by acquiescence in the maintenance of the first action the defendant had lost the right to object to the splitting of the cause of action, the docrine of res judicata. does not apply and the adjudication in the first case of the defendant’s, responsibility for the fire is not binding upon him in the second.</p>