OPINION
WAHL, Justice.
Intervenor Aetna Casualty & Surety Company (Aetna) appeals a decision of the court of appeals affirming the trial court's decision to allocate the entire proceeds from a third party settlement as nonrecoverable damages and to award those proceeds to respondent plaintiff James Allen Kliniski free and clear of Aetna's subrogation interest. In Henning v. Wineman,
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