Grain Dealers National Mutual Fire Insurance v. Missouri, Kansas & Texas Railway Co.

Citations

• 98 Kan. 344
• 157 P. 1187
• 1916 Kan. LEXIS 82

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance — Loss in Excess of Insurance — Settled by Assured — Bight of Insurer to Subrogation — Parties. The rule that where the loss on an insurance policy exceeds the amount of the insurance, an action against the wrongdoer for the recovery of the part paid by the insurer must be brought in the name of the assured, is a general rule to which there are exceptions. It will not be applied where the assured, after settling with the wrongdoer out of court, arbitrarily refuses to bring the action.</p> <p>2. Same. In the situation stated in the preceding paragraph the insurer may, under section 36 of the civil code, bring an action in its own name, joining the assured as a defendant, and alleging his refusal to bring the action and that he is joined as defendant in order to protect the other defendant’s. right to have the entire matter litiigated in one action.</p>