LAMPRON, J.
Plaintiff's position is stated in his brief as follows: "The right of subrogation is an equitable one . . . Whether it may be the basis for recovery back by an insurer from its insured of policy proceeds paid, after recovery by the latter from a tort-feasor, depends generally upon what justice requires in the particular situation. Such recovery back is uniformly denied where, as here, the insured's losses and expenses exceed the insurance award and recovery...
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