Opinion
Gen. No. 41,729. (Abstract of Decision.)
Opinion filed November 10, 1941
INSURANCE, § 400 — insurer's right of subrogation as barred by re lease. Where automobile insured by plaintiff and defendant's cab were involved in collision resulting in personal injury to insured and property damage to automobile, insured employed plaintiff's attorney to make claim in his behalf against defendant, and plaintiff paid insured amount of property damage, and insured then brought suit, by this attorney, against defendant for personal injuries, which suit was settled by payment to insured who executed release to defendant of "all claims and causes of action," and settlement check was made jointly to insured and this attorney in final settlement of all claims, plaintiff could not be subrogated and recover amount of property damage from defendant, since notice to attorney who represented both insured and plaintiff was therefore notice to plaintiff, and defendant had no knowledge of claimed interest of plaintiff insurance company at time of settlement, release and settlement check thus operating to bar plaintiff's right of subrogation; and court's finding for plaintiff was against manifest weight of evidence, since there could be no doubt that parties, in settling personal injury action, understood that they were settling all claims involved.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; Hon. STEPHEN ADAMOWSKI, presiding.
Judgment reversed. Heard in first division, first district, this court at June term, 1941.
Benjamin Samuels, for appellant;
J.C. McKenzie, of counsel;
Lawrence S. Adler, for appellee.
"Not to be published in full." Opinion filed November 10, 1941.