The state Supreme Court has declined to allow an insurance company to sue a third-party tortfeasor when the injured party did not commence an action.
A divided court on April 27 denied attempts by an insurance company covering an employer to subrogate a claim on behalf of an employee against the tortfeasor. The court, on a 3-2 vote, upheld a ruling from the state Superior Court that had denied Liberty Mutual Insurance Co.’s attempt to sue the owner of a parking lot where George Lawrence, the insured’s employee, slipped and fell.
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