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Mcintosh v. Romero

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eBook details

  • Title: Mcintosh v. Romero
  • Author : Colorado Court of Appeals
  • Release Date : January 08, 1973
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 49 KB

Description

Defendant, in his verified motion, asserted that plaintiffs had recovered approximately $4,000 from their insurance carrier under an uninsured motorist clause in their insurance policy. He further alleged that the insurance company was the subrogee of plaintiffs and asked the court to take judicial notice of the fact that the company had previously filed suit in the same court against defendant to recover the amount so paid. At the hearing on the motion, the record of the insurers action against defendant was admitted in evidence by stipulation and showed that the insurer alleged that it became subrogated to these plaintiffs rights. The record in this court discloses that the prior case had been dismissed, but there is no showing as to why or under what circumstances the dismissal occurred. Plaintiffs contended that the alleged subrogation was partial, extending only to the amount paid plaintiffs, and did not fully compensate them for the injuries sued on in the present action.


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