· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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