ACCOSIF v. American States Insurance Co.

11 KAUGER, J.,

concurring in part, dissenting in part:

12 I concur that the insurer's claim was erroneously dismissed as time barred. I dissent to the majority's holding that the insurer's claim for reimbursement from the employee accrued when the employee became entitled to the proceeds of the settlement with the tortfeasor. Rather, I am persuaded by the rationale of Rockwood Insurance Co. v. Williamson, 596 F.Supp. 1524 (N.D.Texas 1984). Williamson involved an injured *996worker who, after receiving benefits from an Oklahoma workers' compensation carrier, obtained a judgment against the…