PREFERRED RISK MUT. INS. CO. v. COURTNEY

No. 52259.

393 So.2d 1328 (1981)

PREFERRED RISK MUTUAL INSURANCE CO. v. Jessie C. COURTNEY et al.

Supreme Court of Mississippi.

February 18, 1981.


Attorney(s) appearing for the Case

George E. Dent, Aultman & Aultman, Hattiesburg, for appellant.

D. Gary Sutherland, Joseph O'Connell, Heidelberg, Sutherland & McKenzie, Hattiesburg, for appellees.

Before SMITH, SUGG and LEE, JJ.


SUGG, Justice, for the Court:

The question in this case is, may an insurance company recover from a tort feasor, under a subrogation clause in its policy, the amount paid its insured for medical expenses and loss of income due under the terms of the policy; when, (1) the insurance company did not secure an assignment from its insured for the amounts paid, (2) the insured filed suit against the tort feasor, (3) the insurance company notified the tort feasor of its...

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