Legal Opinion
Erie Insurance Co. v. George
Indiana Court of Appeals
Decided December 11, 1995No. 49A02-9505-CV-249PublishedCited by 1 opinion
1Opinion of the Court
OPINION
FRIEDLANDER, Judge.
Erie Insurance Company appeals the decision of the trial court granting summary judgment in favor of its insured James David George and George's attorney Gerald J. Su-fleta. Erie presents three issues for review, but we find only one to be dispositive:
Did the trial court err when it determined as a matter of law that Ind.Code 34-4-41-1, et seq. requires Erie to pay Sufleta a pro *952rata share of attorney fees and costs from proceeds interpled in a subrogation action initiated by Erie?
We vacate and remand for further proceedings consistent with this opinion.
The facts are…
2Cases cited6 opinions
- Sullivan v. American Cas. Co. of Reading, Pa.Indiana Supreme Court · 1992
- Auto Owners' Protective Exchange v. EdwardsIndiana Court of Appeals · 1922
- Rotec, Division of Orbitron, Inc. v. Murray Equipment, Inc.Indiana Court of Appeals · 1993
- Cook v. Humana Health Care Plan, Inc.Indiana Court of Appeals · 1994
- D'Archangel v. Allstate Insurance Co.Indiana Court of Appeals · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Erie Insurance Co. v. GeorgeIndiana Supreme Court · 1997