NEW YORK UNDERWRITERS INS. v. STATE FARM

No. 05-92-01200-CV.

856 S.W.2d 194 (1993)

NEW YORK UNDERWRITERS INSURANCE COMPANY and Hartford Insurance Group, Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, William Kanen, James Wilkins, and Julie Ann Hurtibise, Appellees.

Court of Appeals of Texas, Dallas.

April 19, 1993.


Attorney(s) appearing for the Case

Gary D. Lykins, Jeffrey P. Mahon, Dallas, for appellants.

John E. Collins, Dallas, for appellees.

Before BAKER, OVARD and ROSENBERG, JJ.


OPINION

BAKER, Justice.

This summary judgment case involves the attempt by Hartford, the workers' compensation carrier, to recover benefits it paid to two injured workers from both State Farm, the third party tortfeasor's liability carrier, and the two injured workers. The trial court awarded Hartford only the total amount of the settlement State Farm paid to the injured workers, Kanen and Wilkins. The trial court also awarded Kanen and Wilkins one-third...

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