Mountain West Farm Bureau Mutual Insurance v. Hall

¶1 Martin and Carolyn Kilmer (Kilmers) appeal from an order issued by the Seventh Judicial District Court, Richland County, granting Medcenter One, Inc.’s (Medcenter) motion for partial summary judgment. The District Court’s order precluded Kilmers from recovering Medcenter’s alleged pro rata share of attorney fees from a settlement fund subject to Medcenter’s hen. We reverse and remand.

¶2 We restate the sole issue on appeal as follows:

Does our opinion in Sisters of Charity v. Nichols preclude application of the common fund doctrine to the case at bar?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On…