Supreme Court of Alabama

Pennsylvania National Mutual Casualty Insurance Company v. Michael S. Bradford

September 26, 20142014 Ala. LEXIS 150

Summary

The court affirmed dismissal of Penn National's subrogation cross-claim because a subrogee acquires no greater rights than the insured and the statute of limitations began running when Walker's tort claim accrued, at the time of the accident. Penn National filed its cross-claim more than two years after the accident, making the direct claim untimely. Justice Murdock, concurring specially, agreed with the dismissal but emphasized that Penn National became the beneficial owner of Walker's pending claims and therefore had the right to control their prosecution, including counsel selection.