Legal Opinion
Kaplan v. Industrial Indemnity Co.
California Court of Appeal
Decided April 11, 1978No. Civ. 52254PublishedCited by 14 opinions
1Opinion of the Court
Opinion
LILLIE, J.—
Plaintiff appeals from judgment in an action for declaratory relief and frames this question: When an employer’s workers’ compensation insurer files a complaint in intervention in the employee’s action against a third party tortfeasor and does no more, and the employee’s attorney is solely responsible for effecting a settlement of the action out of which the insurer is reimbursed for benefits paid, is the employee’s attorney entitled to fees against the insurer for the benefit conferred by his labors? We answer in the affirmative and reverse the judgment.
The following is…
2Cases cited22 opinions
- Sprague v. Ticonic National BankSupreme Court of the United States · 1939
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
- In Re Air Crash Disaster at Florida Everglades on December 29, 1972. Dorothy Gordon, Etc., Joseph Mazur and Rose Mazur, Meryl Adrienne Rubin, Etc., and Fuchsberg & Fuchsberg, Their Attorneys v. Eastern Air Lines, Inc., Steve N. Minguzzi, and Landes, Wingate & Shamis, Their Attorneys v. Eastern Air Lines, Inc., and "Plaintiffs' Committee,"Court of Appeals for the Fifth Circuit · 1977
- Quinn v. State of CaliforniaCalifornia Supreme Court · 1975
17 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Crampton v. TakegoshiCalifornia Court of Appeal · 1993
- Gapusan v. JayCalifornia Court of Appeal · 1998
- Baker v. PrattCalifornia Court of Appeal · 1986
- Walsh v. WoodsCalifornia Court of Appeal · 1986
- Kavanaugh v. City of SunnyvaleCalifornia Court of Appeal · 1991
9 more not listed; retrieve them via the Exa API.