York Ins. Group of Maine v. Van Hall

DANA, Justice.

[¶ 1] Carol Van Hall appeals from a summary judgment entered in the Superior Court (Cumberland County, Brennan, J.) in favor of York Insurance Group of Maine contending that the trial court erred when it determined as a matter of law that she was not entitled to deduct a proportionate share of her attorney fees from the funds due to York pursuant to the subrogation clause of her automobile insurance policy. We agree and vacate the judgment.

[¶2] Following her automobile accident, York paid $5,000 toward Van Hall’s medical expenses pursuant to the medical payment provision of her…