Section 7.7 Traditional Subrogation Claim
| Library | Insurance Practice 2015 |
Section 507.010, RSMo 2000, requires that every legal action be filed in the name of the real party in interest. In a subrogation action, legal title to the cause of action against the responsible third party remains with the insured. Farmers Ins. Co. v. Effertz, 795 S.W.2d 424 (Mo. App. W.D. 1990). An insurance company is not the real party in interest and cannot sue in its own name. Id. In a subrogation claim, only an equitable right passes to the insurer, and legal right to the claim remains with the...
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