The issue posed by this motion by defendant for summary judgment is whether a release procured by a tort-feasor from the owner of property damaged by the tort-feasor constitutes a defense to an action by the owner's insurer to enforce its subrogation rights against the tort-feasor where (i) the insurer never advised the tort-feasor of its status as the collision carrier or that it had made payment on the claim, and (ii) the tort-feasor...
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