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TITUS v. EMMCO INSURANCE COMPANY

No. 58-473.

109 So.2d 781 (1959)

Charles C. TITUS, Appellant, v. EMMCO INSURANCE COMPANY, an Indiana corporation, duly authorized to do business in the State of Florida, Appellee.

District Court of Appeal of Florida. Third District.

March 17, 1959.

Attorney(s) appearing for the Case

Eldon L. Boyce, Miami, for appellant

Norman K. Rutkin and Jeanne Heyward, Miami, for appellee.

MILLEDGE, STANLEY, Associate Judge.

Titus' car being damaged in a collision with the car of Webb, he received from the appellee, his insurer, the sum of $765 for his loss under the policy. Upon receiving this payment the appellant executed a subrogation agreement subrogating the company to his position against a third party held liable from the loss. In this agreement Titus promised not to "commit any act which would pervent Emmco Insurance Company from collection...

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