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STATE v. ALLSTATE INS. CO.

No. 56675.

744 P.2d 186 (1987)

STATE of Oklahoma, ex rel., DEPARTMENT OF HUMAN SERVICES, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.

Supreme Court of Oklahoma.

October 13, 1987.

Attorney(s) appearing for the Case

Robert D. Hall, Staff Atty., Oklahoma City, for appellant.

Kenneth R. Webster, McKinney, Stringer & Webster, Oklahoma City, for appellee.

Reuben Davis, Boone, Smith, Davis & Hurst, Tulsa, for amicus curiae Hillcrest Medical Center.

SIMMS, Justice.

The ultimate issue presented in this action is whether the Department of Human Services, as lien claimant under 56 O.S. 1981, § 200, is liable for a pro rata share of the attorney fees incurred in obtaining a settlement from the tortfeasor's insurer? We answer in the negative.

The underlying facts in this case are these. Ellen Bledsaw and her two minor children were injured in a collision with Barbara Jones, Allstate's insured. Mrs.

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