Miller v. Maryland Casualty Co.

OPINION OF THE COURT

Harold Tompkins, J.

Plaintiff, an attorney, in a personal injury case seeks to recover as part of her fee, a portion of a reimbursement made by one insurance carrier to another in discharge of a lien acquired pursuant to section 673 of the Insurance Law, for no-fault benefits previously paid to her clients.

Plaintiff, Sylvia Miller, is a practicing attorney. In 1977, she commenced an action on behalf of three individuals injured in an automobile accident on January 13, 1977.1

*714The defendant in this action, Maryland Casualty Company, paid to plaintiff’s respective clients the…