Commercial Union Ins. Co. v. Blue Cross and Blue Shield of Ala.

Plaintiff, Blue Cross and Blue Shield of Alabama ("Blue Cross"), appeals that part of the trial court's judgment awarding attorney fees to the defendant, Roberta Faggard. Co-defendant Commercial Union Insurance Company ("Commercial Union") appeals the summary judgment in favor of Blue Cross on Blue Cross's subrogation claim. We affirm.

Noah D. Faggard and his wife, Roberta Faggard, were insured by Blue Cross for health care services. On November 1, 1983, Roberta was involved in an automobile accident with a vehicle owned and operated by Butts and Billingsley Construction Company ("Butts and…