MOTORISTS MUT. INS. CO. v. YATES

No. 87-CVE-5688.

44 Ohio Misc. 2d 5 (1988)

MOTORISTS MUTUAL INSURANCE COMPANY v. YATES.

Dayton Municipal Court, Civil Division.

Decided June 17, 1988.


Attorney(s) appearing for the Case

Michael R. Eckhart, for plaintiff.

Young & Alexander Co., L.P.A., and John A. Smalley, for defendant.


POLEY, Acting Judge.

The issue in this case is whether the United Services Automobile Association ("USAA") and its claims examiner were on notice of the medical payments subrogation claim of Motorists Mutual Insurance Company.

Generally, if an insurance carrier pays an insured party, then the insurance carrier becomes subrogated to the rights of its insured and acquires the same rights as the insured against a third party. The insurance company's rights are...

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