Nationwide Mutual Insurance v. Arizona Health Care Cost Containment System

FERNANDEZ, Chief Judge.

This case involves the right of the State of Arizona by and through the Arizona Health Care Cost Containment System and its director Leonard J. Kirschner (hereafter AHCCCS) to recover from the indemnitor of third-party tortfeasors the cost of medical care provided to an AHCCCS member pursuant to AHCCCS’s statutory lien, subrogation, and assignment rights. AHCCCS appeals from the court’s granting of summary judgment to appellee Nationwide Mutual Insurance Company and the award of attorney’s fees. We affirm the summary judgment and reverse the fee award.

AHCCCS is a state…