Allstate Insurance Co. v. Edminster

OPINION

Opinion by Justice LANG-MIERS.

Cathy Edminster sued her automobile insurer, Allstate Insurance Company, to recover what she contended was its pro rata share of the attorney’s fees incurred for the collection of Allstate’s subrogation interest in a claim against a third party. Both parties filed motions for summary judgment. The trial court granted Edmin-ster’s motion and denied Allstate’s motion. Because we conclude a material fact issue exists, we reverse and remand for further proceedings.

Background

On January 2, 2003, Edminster and her two children were injured when another driver…