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U.S. FIDELITY & GUAR. CO. v. CARL SUBLER TRUCKING, INC.

No. 86-8083. Non-Argument Calendar.

800 F.2d 1540 (1986)

UNITED STATES FIDELITY & GUARANTY CO., Indiv. and as Statutory Subrogee of Betty B. Miller, Plaintiff-Appellant, v. CARL SUBLER TRUCKING, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 6, 1986.

Attorney(s) appearing for the Case

William A. Erwin, Albany, Ga., for plaintiff-appellant.

Frank J. Santry, Stephen M. Andrews, Tallahassee, Fla., for defendant-appellee.

Before RONEY, Chief Judge, HATCHETT, Circuit Judge, and HENDERSON, Senior Circuit Judge.

PER CURIAM:

The question in this case is whether an insurer, entitled by way of subrogation to a claim for personal injury benefits paid its insured, may bring a separate suit against the defendant tortfeasor, previously sued for personal injury damages by the insured in an action where the insurer had the right to intervene but did not. Although the insurance company plaintiff, having lost in the district court, correctly argues on appeal that the Georgia statutes...

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