Legal Opinion

State Ex Rel. Department of Human Services v. Allstate Insurance Co.

Supreme Court of Oklahoma

Decided October 13, 1987No. 56675PublishedCited by 8 opinions

1Opinion of the Court

SIMMS, Justice.

The ultimate issue presented in this action is whether the Department of Human Services, as lien claimant under 56 O.S. 1981, § 200, is liable for a pro rata share of the attorney fees incurred in obtaining a settlement from the tortfeasor’s insurer? We answer in the negative.

The underlying facts in this case are these. Ellen Bledsaw and her two minor children were injured in a collision with Barbara Jones, Allstate’s insured. Mrs. Bledsaw was a recipient of Aid to Families with Dependent Children, and was thereby eligible to have her medical bills and those of the children…

2Cases cited8 opinions

  1. Bashara v. Baptist Memorial Hospital SystemTexas Supreme Court · 1985
  2. Maynard v. ParkerAppellate Court of Illinois · 1977
  3. SISTERS OF CHARITY OF PROV. OF MONT. v. NicholsMontana Supreme Court · 1971
  4. Broadlawns Polk County Hospital Ex Rel. Fenton v. Estate of MajorSupreme Court of Iowa · 1978
  5. Vinzant v. Hillcrest Medical CenterSupreme Court of Oklahoma · 1980

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. ACCOSIF v. American States Insurance Co.Supreme Court of Oklahoma · 2000
  2. Kahrs v. SanchezNew Mexico Court of Appeals · 1997
  3. Young v. Columbia Southwestern Medical CenterCourt of Civil Appeals of Oklahoma · 1998
  4. Fugate v. MooneyCourt of Civil Appeals of Oklahoma · 1998
  5. Edwards v. Ardent Health Services, L.L.C.Court of Civil Appeals of Oklahoma · 2010

3 more not listed; retrieve them via the Exa API.

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