Ellis Canning Co. v. International Harvester Co.
Kansas Supreme Court
255 P.2d 658 (Kan. 1953)
Relevant factsFree
After International Harvester (defendant) allegedly started a fire negligently while servicing the plaintiff's tractor, the plaintiff had already recovered its full loss from its insurer, Potomac, before suing International Harvester for that same loss "for the use and benefit" of Potomac; International Harvester argued Potomac, not the insured plaintiff, was the real party in interest entitled to bring the suit, and the trial court denied the plaintiff's motion to strike that defense.
IssueFree
Whether an insured party, after having been paid the full amount of its loss, is a real party in interest in an action on behalf of the insurer to recover damages from the party responsible for the damage.