Does an insurance company have the right to sue a tortfeasor when the injured party does not do so?

The Pennsylvania Supreme Court recently agreed to consider whether a workers' compensation insurance company has the right to pursue a claim for subrogation against a third party tortfeasor without a lawsuit having been filed by the injured employee.

The Pennsylvania Superior Court ruled that Liberty Mutual Insurance Company did not have the right to do so. Why the injured employee did not sue the file suit in the first place was not clear.

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