124 Ind. App. 285 | Ind. Ct. App. | 1953
On December 13, 1948, the appellee Walter L. Hunt and his son Robert were the owners of an ambulance used in connection with their business in Crawfordsville, Indiana, and vicinity. On the above date said ambulance collided with an automobile driven by the appellee Jewel Michael at. the intersection of Wabash Avenue and Water Street in said city. The son, Robert Hunt, shortly thereafter assigned his interest in any cause of action that might have accrued to him by reason of said collision to his
The Supreme Court, in Powers v. Ellis (1952), 231 Ind. 273, 108 N. E. 2d 132, has announced the general rule in Indiana to be “that where the loss exceeds the amount of insurance paid, the insured may sue in his own name and recover the full amount of the loss, the question of the distribution of the
Sec. 2-222, Burns’ 1946 Replacement provides, inter alia, “when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be joined as proper parties.” Statutes of this character have been held to apply where a single cause of action exists,- although ownership of the cause of action is vested in several persons by reason of partial assignments which occurred by operation of the principles of subrogation. Patitucci v. Gerhardt (1932), 206 Wis. 358, 240 N. W. 385. See also 46 C.J.S., Insurance, §1209, p. 171.
It is obvious that when the collision in controversy occurred but one cause of action for property damage arose. That cause of action cannot be completely determined in this suit unless the appellee Hunt puts his entire loss in issue without regard to the question of subrogation, as he is entitled to do under Powers v. Ellis, supra, or unless the appellant is joined with him as a party plaintiff or defendant which this court, in Lake Erie, etc., R. Co. v. Hobbs (1907), 40 Ind. App. 511, 81 N. E. 90, held to be proper procedure in cases involving the subrogation of insurance carriers where the loss exceeds the amount of the insurance money paid.
Judgment reversed and cause remanded with instructions to- grant appellant’s petition to intervene.
Note. — Reported in 115 N. E. 2d 132.