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ERVIN v. GARNER

No. 69-626.

25 Ohio St. 2d 231 (1971)

ERVIN, APPELLANT, v. GARNER ET AL.; OHIO INSURANCE ASSN., APPELLEE.

Supreme Court of Ohio.

Decided March 17, 1971.

Attorney(s) appearing for the Case

Messrs. Lavelle & Yanity and Miss Helen H. Madsen, for appellant.

Messrs. Knell & Freehafer, Mr. George H. Knell, and Mr. A. Douglas Freehafer, for appellee.

DUNCAN, J.

It should be noted at the outset that the appellee's right of subrogation in this case cannot be defeated by appellant filing an amended petition to pray only for the uninsured items of loss. Appellant, at the time of the loss, had only one cause of action, and his execution of the subrogation assignment and appellee's payment of the $5,000 pursuant to the insurance policy then in force created no new cause of action in favor of the insurer. Rush

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