Legal Opinion

Cooper v. Argonaut Insurance Companies

Alaska Supreme Court

Decided November 8, 1976No. 2527, 2473PublishedCited by 61 opinions

1Opinion of the Court

OPINION

Before BOOCHEVER, C. J., and RABI-NOWITZ, CONNOR, ERWIN and BURKE, JJ. ERWIN, Justice.

In this case the court has been asked to reconsider the position we adopted by a 2-2 vote in Stafford v. Westchester Fire Ins. Co. of New York.1 In Stafford the prevailing opinion held that there could be no reduction from the amount of compensation reimbursed to the employer or its compensation carrier for a pro rata share of attorney’s fees incurred by the injured workman in recovering from a third-party tort-feasor.2 A majority of the court now holds that such a pro rata reduction is proper.

On…

2Cases cited11 opinions

  1. Quinn v. State of CaliforniaCalifornia Supreme Court · 1975
  2. Stafford v. Westchester Fire Insurance Co. of New York, Inc.Alaska Supreme Court · 1974
  3. United Services Automobile Association v. HillsNebraska Supreme Court · 1961
  4. Transport Indemnity Company v. GarciaNew Mexico Court of Appeals · 1976
  5. John C. Davis v. United States Lines Company, and Third-Party (Murphy-Cook& Company, Third-Party and Appellee)Court of Appeals for the Third Circuit · 1958

6 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Travelers Insurance Co. v. SavioSupreme Court of Colorado · 1985
  2. Hayes v. Continental InsuranceArizona Supreme Court · 1994
  3. Arctic Structures, Inc. v. WedmoreAlaska Supreme Court · 1979
  4. Hein v. AcuitySouth Dakota Supreme Court · 2007
  5. Rhoad v. McLEAN TRUCKING COMPANYWashington Supreme Court · 1984

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