Amica Mutual Insurance v. Maloney

OPINION

FROST, Justice.

1. Arnica Mutual Insurance Co. v. Maloney and Silva v. Farmers Insurance Co. both present a common question on appeal: When an insurer has a subrogated interest in a portion of the insured’s settlement, is the insurer required to pay a proportionate share of the insured’s attorney’s fees incurred in settling the claim? In both cases the insureds argue that the settlement created a common fund which included the insurers’ subrogated interest. They therefore contend that the insurers were obligated to pay a proportionate share of the insureds’ attorneys’ fees. The insurers…