Musse v. Garcia

Knudson, J.:

Allstate Indemnity Company intervened in its insured’s third-party litigation against a tortfeasor to protect its hen for personal injury protection (PIP) benefits that had been paid. Ultimately, the third-party litigation was settled, and the district court awarded the insured’s attorney 25% of the PIP subrogation recovery as attorney fees. Allstate appeals, contending the law does not provide for the apportionment of attorney fees under the uncontroverted facts of the case and, alternatively, the apportionment was grossly unfair.

We affirm.

The parties agree there was a recovery…