Liberty Mutual Insurance v. Whitaker

Layton Roaf, Judge.

Appellant Liberty Mutual Insurance Company (“Liberty Mutual”) appeals from the trial court’s grant of summary júdgment to appellee Donald Whitaker. The trial court found that Liberty Mutual was not entitled to pursue its subrogation interest against Whitaker and recover workers’ compensation benefits it paid to its insured as a result of a motor-vehicle accident caused by Whitaker’s negligence. On appeal, Liberty Mutual argues that the trial court erred in granting summary judgment to Whitaker. We agree, and reverse and remand.

This lawsuit arises from a motor-vehicle…