New York Underwriters Insurance Co. v. State Farm Mutual Automobile Insurance Co.

OPINION

BAKER, Justice.

This summary judgment case involves the attempt by Hartford, the workers’ compensation carrier, to recover benefits it paid to two injured workers from both State Farm, the third party tortfeasor’s liability carrier, and the two injured workers. The trial court awarded Hartford only the total amount of the settlement State Farm paid to the injured workers, Kanen and Wilkins. The trial court also awarded Kanen and Wilkins one-third of Hartford’s recovery as attorney’s fees. The trial court refused to award Hartford attorney’s fees.

Hartford contends it should have…