[DOWNLOAD] "Wrightsman v. Hardware Dealers Mutual Fire" by Court of Appeals of Georgia " Book PDF Kindle ePub Free

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eBook details

• Title: Wrightsman v. Hardware Dealers Mutual Fire
• Author : Court of Appeals of Georgia
• Release Date : January 25, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

1. Where in an insurance policy providing for the payment to those covered under the policy of reasonable medical expenses incurred on account of and within one year from any accident involving the insured automobile there is contained a provision that ""in the event of any payment under the Medical Expense Coverage of this policy, the company shall be subrogated to all the rights of recovery therefor which the injured person . . . may have against any person or organization and such person shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights . . . shall do nothing after loss to prejudice such rights,"" such provision amounts to no more than an agreement that the injured person or persons covered under the provisions of the policy providing insurance for medical expenses shall, in the event of any payment there-under, assign to the insurance company his claim against any third party tortfeasor inflicting the injuries resulting in the medical expenses. First Nat. Bank v. American Surety Co., 71 Ga. App. 112, 119 (30 S.E.2d 402); Peller v. Liberty Mut. Fire Ins. Co., 220 Cal. App. 2d 610 (34 Cal. R. 41). 2. ""A right of action is assignable if it involves, directly or indirectly, a right of property; but a right of action for personal torts or for injuries arising from fraud to the assignor may not be assigned."" Code § 85-1805. Central R. & bkg. Co. v. Brunswick & W.R. Co., 87 Ga. 386 (1) (13 S.E. 520).

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