Kemper Independence Insurance Co. v. Hurteau
An insurance company can file a subrogation action to collect reimbursement from a tortfeasor for damages paid to the insured. In July 2009, the insured was on a bicycle, traveling south on Lake Drive in Guilford, Conn., when the driver of a pickup truck, which also was traveling south on Lake Drive, allegedly turned right and collided with the bicyclist. The defendant's pickup truck was not insured. The bicyclist possessed insurance. The plaintiff insurance company, Kemper Independence Insurance, filed a subrogation claim, to recover insurance benefits of $24,500 paid to the bicyclist. At a hearing, the court found that the insurance company proved that the defendant truck driver was inattentive, failed to keep a proper lookout and to exercise reasonable care. The truck driver failed to see the bicyclist, before he made the turn. The defendant failed to prove that the bicyclist was contributorily negligent, lost control of the bicycle or attempted to pass the pickup truck. The court found that the bicyclist's damages were greater than $24,500. The court granted judgment to the plaintiff insurance company in the amount of $24,500, plus costs, and also awarded postjudgment interest of 5 percent per year.