Home Ins v. Hartshorn

Citations

• 128 Miss. 282
• 91 So. 1

Syllabus

<p>1. Insurance. Insurer’s right of subrogation against third party who caused loss measured, by terms of clause providing therefor.</p> <p>Where an insurance policy contains a clause providing .that, on the payment by the insurer for the loss or destruction of the property insured, the insurer shall be subrogated to the insured’s right to recover against any person whose act or neglect caused the loss or destruction of the property, the insurer’s right of subrogation must be measured by the terms of the clause of the policy providing for it.</p> <p>3. Insurance. Insurer, to> be subrogated to insured’s right against third party who caused loss, required to make claim to insured that loss was so caused before payment of loss to insured.</p> <p>In order for an insurance company to be subrogated to the rights of the insured upon the payment by it of the loss covered by a policy issued by the company to the insured, containing a provision that “if the company shall claim that the fire was caused by the act or neglect of any person or corporation, private or municipal, this comapny shall on payment of the loss be subrogated to the extent of such payment to all right of recovery by the insured for the loss resulting therefrom and such right shall be assigned to this compaany by the insured on receiving such payment,” the claim of the insurer that the fire was caused by the act or neglect of any person or corporation must be made to the insured at or before the payment to him of the loss by the insurer.</p> <p>3. Insurance. Word \salvage\ defined.</p> <p>The word “salvage” in the law of insurance includes damages paid by third persons for the loss of property covered by an insurance policy.</p> <p>4. Insurance. Insurer by making settlement entitling insured to salvage waived right of subrogation.</p> <p>Where an insurance company in a settlement with the insured in a policy issued by it for the loss of the property insured by fire, agrees that the insured shall have all sa