Street v. Farmers Insurance Exchange

STEWART, Justice:

The issue in this case is whether a no-fault insurance carrier has an interest in the proceeds of a settlement between its insured and a third-party tortfeasor by virtue of a right of subrogation claimed pursuant to the Utah Automobile No-Fault Insurance Act. See §§ 31-41-1 et seq., Utah Code Ann. (1953), as amended. Plaintiff also seeks an award of attorney’s fees to be paid out of any recovery Farmers Insurance Exchange may obtain based on a right of subrogation.

The district court dismissed plaintiff’s complaint to compel her no-fault insurer, the defendant Farmers, to…