Fisher v. Aldi Tire, Inc.

In this case we are asked to decide whether a provision in an automobile insurance policy which defines the insurer’s responsibility for expenses incurred in recovering subrogated amounts overrides the test developed in equity for when attorney fees must be shared by the insurer. On the record before us, we find that the contract provision controls to the exclusion of the common law standard. Because interpretation of the provision requires further factual inquiry, however, we reverse the order of summary of judgment.

After the vehicle she was driving was rear-ended in December 1991, Monica…