Opinion
Editorial Note:
Not for Official Publication
Clark Wells Karr, Denver, for plaintiff-appellee.
Grant, Shafroth, Toll & McHendrie, P.C., Frank H. Shafroth, Robert C. Barbour, Denver, for defendant-appellant.
PIERCE, Judge.
Ann Messinger parked an automobile, which she owned jointly with her father, Paul Messinger, at defendant's parking lot. When she returned to the lot, the car had disappeared. Plaintiff in this action, United States Fidelity and Guaranty Company (U.S.F. & G.) had issued a policy of insurance on the stolen automobile naming Paul Messinger as the insured.
Subsequently, the stolen automobile was returned. However, prior to its return, U.S. F. & G. reimbursed Paul Messinger for the cost of a new automobile. After being so reimbursed, Paul Messinger signed an agreement subrogating U.S. F. & G. to any and all rights or causes of action he had on account of the loss of the automobile and surrender the title to U.S. F. & G.
U.S.F. & G. brought this action as subrogee against the defendant parking lot to recover the amount it had advanced to Paul Messinger, less the salvage it had received upon selling the returned vehicle. After trial to the court, judgment was entered for U.S. F. & G. Defendant appeals We reverse.
As a general rule, the right to subrogation is dependent upon full payment by the subrogee of the debt owing. Ohio Casualty Insurance Co. v. First National Bank, 425 P.2d 934 (Okl.). Here, by obtaining a subrogation receipt from Paul Messinger only, U.S. F. & G. has not satisfied all of the possible claimants, since Ann Messinger, as co-owner of the automobile would be entitled to sue defendant for her loss. Our Supreme Court has established that where co-owners of an automobile could both make a claim for damage to or loss of a vehicle, they each must be joined in any action on the claim. Weng v. Schleiger, 130 Colo. 90, 273 P.2d 356. Since U.S. F. & G. is only subrogated to the rights of one co-owner, the other co-owner was an indispensable party to the action against defendant. C.R.C.P. 19.
Judgment reversed and cause remanded for proceedings not inconsistent with this opinion.
SILVERSTEIN, C.J., and DWYER, J., concur.