Shawnee Fire Insurance v. Cosgrove

Citations

• 85 Kan. 296
• 116 P. 819
• 1911 Kan. LEXIS 61

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance — Loss by Fire — Proper Party to Recover from Wrongdoer. Where a loss by fire is occasioned to insured property by a wrongdoer and the loss exceeds the amount of insurance, the insured owner is the only proper party to recover damages from the wrongdoer.</p> <p>2. - When Insurer Should Intervene. In such case if the insured brings an action for the recovery of the loss from the wrongdoer and the insurer is informed of the pendency of the action, that the insured does not wish to represent the interests of the insurer and that there is talk of a settlement between the insured and the wrongdoer, it is the duty of the insurer to intervene in the action and protect his own interests.</p> <p>3. Loss — Settlement by Insured — When Final as to Insurer. Where in such case the insured accepts, on settlement, damages from the wrongdoer which, added to the amount of the insurance, is less than the amount of his loss and expenses of litigation, the insurer, having made no effort to intervene and protect his own rights, can recover nothing from the insured.</p>