UNITED SEC. INS. CO. v. SCIARROTA

No. 93CA0473.

885 P.2d 273 (1994)

UNITED SECURITY INSURANCE COMPANY, Plaintiff-Appellant, v. Louie SCIARROTA, d/b/a Louie's Pizza, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing June 23, 1994.

Certiorari Denied December 19, 1994.


Attorney(s) appearing for the Case

Deisch, Marion and Breslau, P.C., Brad W. Breslau, Denver, for plaintiff-appellant.

H. Lowell Moore, Colorado Springs, for defendant-appellee.


Opinion by Judge ROTHENBERG.

In this subrogation action to recoup personal injury protection (PIP) benefits paid to its insured, plaintiff, United Security Insurance Company (PIP carrier), appeals from the summary judgment entered in favor of defendant, Louis Sciarrota d/b/a Louie's Pizza (employer). Because we hold that PIP carrier has a claim for equitable subrogation against employer, we affirm in part, reverse in part, and remand for further proceedings.

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