Texas Farmers Insurance v. Seals

OPINION

BRIGHAM, Justice.

This is an appeal from a summary judgment against appellant Texas Farmers Insurance Company (TFIC) awarding attorney’s fees to appellee/cross-appellant Carla Seals in an amount equal to one-third of TFIC’s subrogation interest in Seals’s recovery against a third party on a personal injury claim. The issue we must decide is whether Seals is entitled to recover the attorney’s fees from TFIC under the “common fund” doctrine. We hold that she is, and affirm the judgment of the trial court.

On or about May 31, 1991, Seals was injured in a motor vehicle collision with…