Eskew v. National Farmers Union Insurance

OPINION

WECHSLER, Judge.

{1} Plaintiffs-Appellants Gary and Vickie Eskew (collectively, Employee) and Intervenors-Appellees National Farmers Union Insurance Company and ENMR Telephone Cooperative (collectively, Insurer) dispute whether Insurer may be assessed costs when there was no net recovery for Employee in his lawsuit against alleged tortfeasors. The trial court ruled as a matter of law that Insurer could not be assessed any share of the costs. We reverse.

Facts

{2} Employee was injured at work. Insurer paid benefits under the Workers’ Compensation Act, NMSA 1978 §§ 52-1-1 to 52-10-1 (1929,…