The plaintiff insurer made payments to its insured for property damage and to a third party for bodily injuries following a motorcycle collision.
The insurer then sued its insured to recover both payments, alleging a breach of the insurance policy.
The insured brought a motion to strike the claim regarding the third-party payment.
The court granted the motion, finding that under the Insurance Act, an insurer cannot sue its insured for reimbursement of a third-party settlement without a prior judgment against the insured, an express reimbursement agreement, or an assignment of the third party's cause of action.
