Employers Insurance of Wausau v. Rreef USA Fund-II (Colorado), Inc.

Opinion by

Judge DAVIDSON.

Defendant, RREEF USA Fund-II (Colorado), Inc., appeals the order of the trial court denying recovery of attorney fees against plaintiff, Employers Insurance of Wausau. We affirm.

Plaintiff filed this subrogation action in April 1989 to recover the amount it had paid to a third party under a workers’ compensation insurance policy. In June 1989, defendant filed an answer in which it asserted the right to mandatory arbitration as an affirmative defense.

In July 1989, defendant provided plaintiff with a written demand for arbitration of plaintiff’s claim, and, in August…