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P1434 If an insured's discovery responses state facts detrimental to its case, they may be used against a subrogated insurer that stands in its shoes, but in an action in which the subrogated insurer is plaintiff, the insured's lack of facts or evidence cannot be used to obtain summary judgment against the subrogated insurer, since the insurer's investigation may have provided it with facts that its insured did not have.CitationGREAT AMERICAN INS v GORDON TRUCKING (Insured's Response) 165 CA4 445 [See: CCP 2030.410; Union Bank v Superior Court 31 CA4 573, T/AT 2/95]
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