Liberty Mutual Insurance Co. v. Shoemake

GRIFFIS, P.J.,

for the Court:

¶ 1. On April 14, 2009, Liberty Mutual Insurance Company filed a complaint against Richard Shoemake seeking reimbursement for workers’ compensation benefits paid on his behalf. Shoemake filed a motion for summary judgment, and Liberty Mutual filed a response and a cross-motion for summary judgment. The Newton County Circuit Court granted Shoe-make’s motion for summary judgment and denied Liberty Mutual’s motion for summary judgment. Liberty Mutual appeals.

¶ 2. We find that the circuit court erred in applying Alabama law to Liberty Mutual’s subrogation rights. Thus,…