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  5. 681 N.E.2d 183 (1997)
 

ERIE INS. CO. v. GEORGE

No. 49S02-9610-CV-636.

681 N.E.2d 183 (1997)

ERIE INSURANCE CO., Appellant (Defendant below), v. James David GEORGE and his attorney, Gerald J. Sufleta, Appellees (Plaintiffs below).

Supreme Court of Indiana.

May 30, 1997.

Attorney(s) appearing for the Case

Robert A. Smith, William F. McManus, Indianapolis, for Appellant.

Gerald J. Sufleta, Indianapolis, for Appellees.

Robert L. Hartley Jr., Scott S. Morrisson, Indianapolis, for Amicus Curiae Insurance Institute of Indiana, Inc.

Daniel L. Robinson, George Clyde Gray, Indianapolis, for Amicus Curiae Indiana Trial Lawyers Association.

ON PETITION TO TRANSFER

BOEHM, Justice.

This case deals with the ability of an insurer who has reimbursed part, but not all, of the insured's claim for personal injuries against a third party to institute its own action, apart from its insured's, to recover its subrogated amount. It also deals with the effect of Indiana Code § 34-4-41, which provides for subrogated insurers to bear a portion of the legal expense of collecting their and their insured...

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