Time Insurance Co. v. Opus Corp.

OPINION

SCHULTZ, Judge.

This appeal arises from a subrogation action for medical expenses brought by appellant Time Insurance Company against the alleged tortfeasor, respondent'Opus Corporation. On cross-motions for summary judgment, the district court determined that Time could not maintain its subrogation claim and ordered judgment for Opus.

FACTS

In May 1991, Mark Steen was seriously injured when a piece of sheetrock blew down from a building under construction. Opus was the general contractor on the project. Pursuant to his health insurance policy, Time indemnified Steen for $96,930.39 in…