PRUDENTIAL COMM. INS. v. MICH. MUT. INS.

No. 1:88-CV-2868-RHH.

720 F.Supp. 167 (1989)

PRUDENTIAL COMMERCIAL INSURANCE COMPANY, a subsidiary of the Prudential Insurance Company of America, on Behalf of NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION, Plaintiff, v. MICHIGAN MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, N.D. Georgia, Atlanta Division.

August 18, 1989.


Attorney(s) appearing for the Case

Edward M. Harris, Jr. and Vicki McReynolds Knott, Edward M. Harris & Associates, Decatur, Ga., for plaintiff.

Sewell K. Loggins and D. Keith Calhoun, Mozley Finlayson & Loggins and Gene A. Major, Fain, Major & Wiley, Atlanta, Ga., for defendant.


ORDER

ROBERT H. HALL, District Judge.

This case is before the court on defendant's motion for summary judgment. Fed.R.Civ.P. 56(c). The parties have entered into a stipulation of facts which present for this court a single issue of law. The question this court must address is simply whether an insurer who has a statutory right of subrogation against a tortfeasor may recover upon that right after its insured has reached a settlement with the tortfeasor in...

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