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ZACHER v. AMERICAN INS. CO.

No. 89-564.

794 P.2d 335 (1990)

In the Matter of Kenneth ZACHER, Claimant and Appellant, v. AMERICAN INSURANCE COMPANY, Insurer, Petitioner and Respondent.

Supreme Court of Montana.

Decided June 7, 1990.

Attorney(s) appearing for the Case

Frank C. Richter, Richter & Torkelson, Billings, for claimant and appellant.

Terry G. Spear, Billings, for insurer, petitioner and respondent.

WEBER, Justice.

The Workers' Compensation Court held that the insurer, American Insurance Company, was entitled to assert a subrogation claim against the third party recovery of the claimant, Kenneth Zacher. Zacher appeals. We reverse and remand.

Mr. Zacher was an employee of Associated Pool Builders (Associated Pool). Associated Pool carried workers' compensation insurance through American Insurance Company (American). In May of 1984, Associated Pool was...

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