Ferrellgas, Inc., a Delaware Corporation Operating Under the Trade Name Thermogas, Petitioner v. Ellen Yeiser…

Summary

The court held that Ferrellgas was entitled to set off the full amount Farmers paid to repair Yeiser's property because Farmers's subrogation settlement extinguished Yeiser's right to recover that amount from Ferrellgas. The court also held that the setoff had to be made before calculating prejudgment interest and that the settlement offer had to be compared with the post-setoff judgment, including applicable prejudgment interest. The judgment was reversed and remanded for recalculation of interest and reconsideration of costs.