Katzman v. Bennetch

Lebanon County Court of Common Pleas

Katzman v. Bennetch

40 Pa. D. & C. 716, 1941 Pa. Dist. & Cnty. Dec. LEXIS 136

CourtPennsylvania Court of Common Pleas, Lebanon County

DecidedApril 10, 1941

Docketno. 60

StatusPublished

This text of 40 Pa. D. & C. 716 (Katzman v. Bennetch) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lebanon County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Katzman v. Bennetch, 40 Pa. D. & C. 716, 1941 Pa. Dist. & Cnty. Dec. LEXIS 136 (Pa. Super. Ct. 1941).

Pincite

Opinion

Henry, P. J.,

Plaintiff has filed an answer to the rule granted in this case and by this answer it appears that the Universal Insurance Company has been subrogated to a part of plaintiff’s claim against defendant, and by his brief filed with the court it appears that the said Universal Insurance Company has paid a part of the claim of plaintiff against defendant and to this extent the insurance company is subrogated to the claim of plaintiff. This is not a case of a claim of subrogation as a result of the trial of the claim of plaintiff against defendant but is a case where the insurance company has paid a part of the claim of plaintiff against defendant and to the extent of that payment the insurance company is now subrogated to the claim of plaintiff and, therefore, the insurance company is the use-plaintiff to the extent of this payment and this subrogation; and, therefore, due to this payment the insurance company is the real party in interest, again only to the extent of the payment and by Pa. R. C. P. 2002, as adopted by the Supreme Court of Pennsylvania, the name of the Universal Insurance Company must be added as a party plaintiff.

And now, to wit, April 10,1941, rule absolute.

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Henry, P. J.,

Plaintiff has filed an answer to the rule granted in this case and by this answer it appears that the Universal Insurance Company has been subrogated to a part of plaintiff’s claim against defendant, and by his brief filed with the court it appears that the said Universal Insurance Company has paid a part of the claim of plaintiff against defendant and to this extent the insurance company is subrogated to the claim of plaintiff. This is not a case of a claim of subrogation as a result of the trial of the claim of plaintiff against defendant but is a case where the insurance company has paid a part of the claim of plaintiff against defendant and to the extent of that payment the insurance company is now subrogated to the claim of plaintiff and, therefore, the insurance company is the use-plaintiff to the extent of this payment and this subrogation; and, therefore, due to this payment the insurance company is the real party in interest, again only to the extent of the payment and by Pa. R. C. P. 2002, as adopted by the Supreme Court of Pennsylvania, the name of the Universal Insurance Company must be added as a party plaintiff.

And now, to wit, April 10,1941, rule absolute.

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Bluebook (online)

40 Pa. D. & C. 716, 1941 Pa. Dist. & Cnty. Dec. LEXIS 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katzman-v-bennetch-pactcompllebano-1941.