West American Ins. Co. v. Yellow Cab Co.

How courts have described this case

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

• stating that the doctrine of equitable subrogation “may be invoked wherever justice demands its application, irrespective of technical legal rules.”
• allowing subrogation where subrogee could not seek contribution, but subrogee had discharged defendant’s “legal obligation”
• jettisoning “technical legal rules” to allow subrogation claim where subrogee could not collect from defendant under conventional indemnity or contribution theory
• insurer found totally without liability and not entitled to contribution from tortfeasor because unable to prove common liability
• judgment reversed to allow insurer to add cause of action for equitable subrogation where all the elements of subrogation were presented at trial
• “Subrogation provides an equitable remedy for restitution to one who in the performance of some duty has discharged a legal obligation which should have been met, either wholly or partially, by another.”

Source: CourtListener parenthetical corpus (CC0).