Cotton Belt Insurance Co. v. Travelers Insurance Co.

BERANEK, Judge.

This is an appeal from a summary judgment against an insurance carrier in an action asserting lien rights for worker’s compensation and personal injury protection (PIP) benefits paid to an insured of the carrier. Wé affirm in part and reverse in part.

On October 9, 1975, Mr. Wolfman was injured in an accident with Mrs. Smith while in the course of his employment. In 1976, Wolfman sued Smith and Smith’s liability insurance carrier, Travelers Insurance Company. Cotton Belt Insurance Company provided worker’s compensation coverage for Wolfman’s employer and also provided personal…