Travelers Insurance Co. v. Williams

OPINION

BROCK, Justice.

This is a dispute between an insurance company and its insured over which of them should pay the attorney’s fee incurred in collecting a subrogation claim.

On March 18, 1972, the minor son of the appellee, Williams, was injured in an automobile accident caused by a third party. The appellant, Travelers, paid the sum of $1,000.00 under the Medical Pay provision of an insurance contract issued to the appel-lee. The policy provides that “[in] the event of payment . . . the Company shall be subrogated to all the insured’s rights of recovery against any person or organization.…