Meyers v. Hablutzel

Indiana Insurance Company (Indiana) appeals from an order of the circuit court which adjudicated the rights of Indiana on its claim for payments made to its insured, plaintiff, Gregory Meyers. The court ordered plaintiff to pay $3,300.73 out of funds from a settlement, in full satisfaction of the claim. Essentially, Indiana’s issues on appeal may be treated as one issue: whether the equitable fund doctrine applies to Indiana’s subrogation rights to plaintiff’s award in the underlying cause.

On July 17, 1990, plaintiff filed a personal injury complaint against defendant, Ralph Hablutzel, based…