The facts are adequately set forth in the dissenting opinion. The issue presented by the unusual factual pattern seems to us to require the application of principles other than those found dispositive by our dissenting colleague.
Undeniably it is the general rule that the subrogation rights of the insurer who pays the insured for damages caused by the fault or wrongdoing of a third party may not be defeated by a settlement entered into between the insured and the...
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