Recovery From Third Party Tortfeasors – 2
The operative language of the standard form subrogation receipts executed by plaintiffs “subrogates, assigns and transfers all of the rights, claims, demands and interest” plaintiffs had against defendants to the extent of the insurance payment. This language was held to have conveyed away all of the insured’s rights against the tortfeasor under somewhat similar facts in Steigerwald v. Godwin, 144 Cal. App. 2d 591, 301 P. 2d 386.
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