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SUPERINTENDENT OF INS. v. MOUNTAIN STATES

No. 8179.

725 P.2d 581 (1986)

104 N.M. 605

SUPERINTENDENT OF INSURANCE, STATE OF NEW MEXICO, Defendant-Appellant, v. MOUNTAIN STATES MUTUAL CASUALTY COMPANY, Plaintiff-Appellee.

Court of Appeals of New Mexico.

February 6, 1986.

Attorney(s) appearing for the Case

Michael R. Morow, Kegel, Glass, McDevitt & Morow, Santa Fe, for defendant-appellant.

James A. Parker, Jeffrey Twersky, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, for plaintiff-appellee.

OPINION

MINZNER, Judge.

Defendant appeals an order awarding attorneys' fees to a compensation carrier, which had sought declaratory relief against the subsequent injury fund. See NMSA 1978, § 52-2-5(C). The parties eventually settled the underlying claim. Plaintiff then moved for attorneys' fees and costs. After a hearing, the trial court granted the motion and entered judgment against the fund for $8,579.74 "pursuant to the Subsequent Injury...

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