Dugas v. Lumbermens Mutual Casualty Co.

The sole issue in this appeal is whether an insurance carrier providing uninsured motorist coverage may deduct from those proceeds payable to its insured the full amount of any unreimbursed reparations payments1 without contributing to its insured’s expenses, namely, attorney’s fees, in procuring the uninsured motorist recovery. The trial court rendered judgment requiring the defendant insurance carrier to contribute to those expenses in an amount proportionately equal to the plaintiff’s contribution. We affirm.

The case was tried upon the following stipulated facts. The plaintiff was injured…