Eli v. Travelers Indemnity Co.

Opinion

GATES, J.

By the instant action the parties sought a declaration determining how a limited recovery from a third-party tortfeasor who caused another’s death should be divided between (1) the victim’s nondependent heirs who were damaged by his death, and (2) a workers’ compensation insurance carrier who had paid monies to the State of California by reason of that death. This apparently constituted a question of first impression. The trial court ruled that the carrier’s claim was entitled to first and full priority. This appeal followed.

With one exception the underlying facts…