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AMERICAN HOME ASSURANCE CO. v. DIST. CT.

No. 47381.

147 P.3d 1120 (2006)

AMERICAN HOME ASSURANCE COMPANY, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of The State of Nevada, in and for the COUNTY OF CLARK, and the Honorable Michelle Leavitt, District Judge, Respondents, and David Carlton Madison, Jr.; Titanium Metals Corporation; and Guardsmark, Inc., Real Parties in Interest.

Supreme Court of Nevada.

December 21, 2006.

Attorney(s) appearing for the Case

Gray & Prouty and Jill M. Klein, Las Vegas and San Diego, California, for Petitioner.

Beckley Singleton, Chtd., and Daniel F. Polsenberg, Las Vegas; Rawlings Olson Cannon Gormley & Desruisseaux and John E. Gormley, Las Vegas; Thorndal Armstrong Delk Balkenbush & Eisinger and Brian K. Terry, Las Vegas, for Real Party in Interest Titanium Metals Corporation.

Cobeaga Law Firm and J. Mitchell Cobeaga, Las Vegas; Eckley M. Keach, Esq., Las Vegas; Murdock & Associates, Chtd., and Robert E. Murdock, Las Vegas, for Real Party in Interest David Carlton Madison, Jr.

Georgeson Angaran, Chtd., and Jack G. Angaran, Reno; Low Ball & Lynch and Dean M. Robinson, San Francisco, California, for Real Party in Interest Guardsmark.

Before the Court En Banc.

OPINION

HARDESTY, J.

In Nevada, when a third party is at fault for an industrial accident, the workers' compensation insurer that paid benefits to the injured worker has a lien upon any proceeds that the worker recovers from the tortfeasor, so that the insurer's payments are reimbursed, ultimately, by the tortfeasor. During the proceedings underlying this writ petition, to protect its lien on any proceeds recovered by the injured worker to whom it...

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