August 26th, 2015
Petitioner and intervenor below Farmers & Mechanics Mutual Insurance Company (“F & M”) appeals the September 2, 2014, amended order of the Circuit Court of Mineral County that granted summary judgment in favor of respondent and counter-defendant below, Marlon Allen, Sr., individually and as Administrator of the Estate of Marcus Allen. In that order the circuit court determined that, based upon equitable principles, F & M, which insured the real property in which Mr. Allen resided and leased from Counter-Plaintiff Michael O’Connor and his daughter, Shelly O’Connor, did not have a right of subrogation against Mr. Allen’s estate after a fire damaged the subject property.
