ALLSTATE INS. CO. v. CLARKE


364 Pa.Super. 196 (1987)

527 A.2d 1021

ALLSTATE INSURANCE COMPANY v. Samuel K. CLARKE and Lebovitz & Lebovitz, P.A. Appeal of Samuel K. CLARKE.

Supreme Court of Pennsylvania.

Filed June 10, 1987.


Attorney(s) appearing for the Case

Yaier Y. Lehrer, Pittsburgh, for appellant.

John M. Silvestri, Pittsburgh, for appellee.

Before BROSKY, ROWLEY and POPOVICH, JJ.


BROSKY, Judge:

This is an appeal from an order entering summary judgment in favor of Appellee-plaintiff in the amount of $4,007.00.

Appellant has raised two issues in this appeal: (1) whether a subrogee is entitled to full payment when an entire matter has not been litigated and only a portion of the claimed damage has been recovered by settlement; and (2) whether the subrogor may make payment in full less reasonable attorneys fees where the fund against which...

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