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COMMERCIAL UNION INS. CO. v. BLUE CROSS AND BLUE SHIELD OF ALA.

87-422, 87-496.

540 So.2d 1368 (1989)

COMMERCIAL UNION INSURANCE COMPANY v. BLUE CROSS AND BLUE SHIELD OF ALABAMA, et al. BLUE CROSS AND BLUE SHIELD OF ALABAMA v. Roberta FAGGARD and Commercial Union Insurance Company.

Supreme Court of Alabama.

Rehearing Denied March 24, 1989.

Attorney(s) appearing for the Case

E.J. Saad, Mark L. Redditt and Polly J. Kellar of Crosby, Saad & Beebe, Mobile, for Commercial Union Ins. Co.

J. Edward Thornton of Thornton and McGowin and Bert S. Nettles of Nettles, Barker, Janecky & Copeland, Mobile, for Blue Cross and Blue Shield of Alabama.

B.F. Stokes III of Stokes & McAtee, Mobile, for appellee Roberta Faggard.

STEAGALL, Justice.

Plaintiff, Blue Cross and Blue Shield of Alabama ("Blue Cross"), appeals that part of the trial court's judgment awarding attorney fees to the defendant, Roberta Faggard. Co-defendant Commercial Union Insurance Company ("Commercial Union") appeals the summary judgment in favor of Blue Cross on Blue Cross's subrogation claim. We affirm.

Noah D. Faggard and his wife, Roberta Faggard, were insured by Blue Cross for health care services. On...

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