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SOUTHERLAND v. LIBERTY MUT. FIRE INS. CO.

No. 102041.

152 P.3d 260 (2006)

2007 OK CIV APP 13

Patsy A. SOUTHERLAND, Individually, Plaintiff/Appellant, and Patsy A. Southerland, on behalf of Howard L. Southerland, Deceased, Plaintiff, v. LIBERTY MUTUAL FIRE INSURANCE CO., Milk Transport Services, L.P., and Larry Langeberg, Defendants, and Primax Recoveries, Inc., Intervenor/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 4.

Certiorari Denied June 26, 2006.

Attorney(s) appearing for the Case

Jack Mattingly, Jr., The Mattingly Law Firm, P.C., Seminole, OK, for Plaintiff/Appellant.

Karen M. Grundy, Nichols, Wolfe, Stamper, Nally, Fallis & Robertson, Inc., Tulsa, OK, for Intervenor/Appellee.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

DOUG GABBARD II, Presiding Judge.

¶ 1 This is an appeal from a denial of a motion for new trial in an ancillary proceeding awarding reimbursement or subrogation to a health benefits provider against monies recovered by the insured in a personal injury lawsuit. We reverse and remand with directions.

FACTS

¶ 2 Plaintiff/Appellant Patsy Southerland...

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