Gaier v. Midwestern Group

Fain, Presiding Judge.

Plaintiffs-appellants, J. Richard Gaier and William H. Thornburgh, appeal from a summary judgment rendered in favor of defendant-appellee, Midwestern Group. The sole issue in this appeal is whether Gaier and Thornburgh, as the attorneys for Patrick Garrett and his family, had the right to recover from Garrett’s insurer, Midwestern Group, one third of the amount that Midwestern received from another insurance company in settlement of Midwestern’s subrogation claim. Because there was no contractual relationship between Gaier and Thornburgh, on the one hand, and Midwestern,…