Guiel v. Allstate Insurance

In response to the parties’ cross-motions for summary judgment in this declaratory judgment action, the superior court ruled that plaintiff Jo-Anne Guiel, who had obtained a settlement in a prior lawsuit seeking damages'for injuries she sustained in an automobile accident, was entitled to deduct a proportionate share of the attorney’s fees she incurred in the prior lawsuit from her insurer’s subrogation interest in the settlement. On appeal, her insurer, defendant Allstate Insurance Company, contends that it should not have to pay a proportionate share of plaintiff’s attorney’s fees because…