SCAVONE v. KINGS CRAFT CORP.


55 A.D.2d 807 (1976)

Paul A. Scavone, Appellant, v. Kings Craft Corporation et al., Respondents. (Appeal No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 10, 1976


Order unanimously reversed, with costs, and partial summary judgment granted in accordance with the following memorandum: A subrogated insurance carrier obtains a vested interest in any cause of action that the insured had against the wrongdoer to the extent that the insurance carrier has actually paid claims under its policy. Its rights of subrogation may not be defeated by a release to the wrongdoer granted by the insured, subsequent to the payment by the insurance carrier...

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