Aetna Life & Casualty, Casualty & Surety Division v. Anderson

OTIS, Justice.

Plaintiff Aetna Life & Casualty appeals and defendant Edward Anderson cross-appeals from an order of the district court dismissing plaintiff’s cause of action to enforce its subrogation rights against defendant. We reverse and remand with instructions.

In September 1975, Thomas Anderson (hereinafter employee) was involved in a motor vehicle accident with defendant while within the course of his employment with Diebold, Inc. Plaintiff, insurer for Diebold, accepted workers’ compensation liability for the injuries sustained by employee and began payment of benefits to him. An…