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COMMERCIAL UNION INS. CO. v. FALLEN

No. 91-2363.

603 So.2d 610 (1992)

COMMERCIAL UNION INSURANCE COMPANY, Appellant, v. Jamie Edward FALLEN and Joseph Wenzel, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 31, 1992.

Attorney(s) appearing for the Case

Ronald S. Webster of Whittaker, Stump, Webster & Miller, P.A., Orlando, for appellant.

Roy B. Dalton, Jr. of Martinez & Dalton, and Marcia K. Lippincott of Marcia K. Lippincott, P.A., Orlando, for appellees.

PETERSON, Judge.

Commercial Union Insurance Company (CUI) paid workers' compensation benefits to Jamie Edward Fallen and Joseph Wenzel (Employees). Employees successfully pursued claims for the related injuries against responsible third parties and obtained judgments against which CUI filed subrogation liens pursuant to section 440.39, Florida Statutes (1991). CUI and Employees agreed with most of the calculation of CUI's pro rata share of the judgments but failed...

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