McCarter v. Alaska National Insurance Co.

OPINION

RABINOWITZ, Justice.

I. FACTS AND PROCEEDINGS

Mick McCarter was employed as a “flag-ger” at a highway construction site for Wilderness Women, Inc. Edward Hanousek, III struck and injured McCarter while driving a vehicle past the site. Wilderness Women, Inc.’s insurance carrier, Alaska National, Inc. (ANI), paid McCarter workers’ compensation benefits amounting to $11,936.

McCarter sued Hanousek for negligence. Because Hanousek himself had few assets, McCarter settled with Hanousek’s insurer for $50,000 (the policy limit) plus Civil Rule 82 attorney’s fees of $7,500. McCarter argued before…