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· 9/11/1967

State Farm Mutual Automobile Insurance v. Foundation Reserve Insurance

Citations

  • 431 P.2d 737
  • 78 N.M. 359

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that when a subrogee has paid an entire loss suffered by an insured, it is the only real party in interest and must sue in its own name
  • holding that the plaintiff insurer, who paid the entire loss stemming from an automobile accident, was entitled to exercise its equitable subrogation rights against the defendant insurer for reimbursement of payments made after the defendant insurer wrongfully denied coverage
  • recognizing subrogation as a remedy in the context of a secondary insurer seeking reimbursement from primary insurer for providing a defense to the insured
  • affirming the trial court judgment of full costs for the excess insurer
  • “If the subrogee has paid an entire loss suffered by the insured, it is the only real party in interest and must sue in its own name.” (internal quotation marks and citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Wood, Moise, Compton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.