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TWIN CITY FIRE INS. CO. v. LEIJA

No. CV-17-0280-PR.

422 P.3d 1033 (2018)

TWIN CITY FIRE INSURANCE COMPANY, Plaintiff/Counter-Defendant/Appellee, v. Graciela LEIJA, Defendant/Counter-Claimant/Appellant.

Supreme Court of Arizona.

Filed August 2, 2018.

Attorney(s) appearing for the Case

Donald L. Myles, Jr. , Jefferson T. Collins , Lori L. Voepel (argued), Jones, Skelton & Hochuli, P.L.C., Phoenix, Attorneys for Twin City Fire Insurance Company.

Joel B. Robbins (argued), Anne E. Findling , Robbins & Curtin, PLLC, Phoenix; and David L. Abney , Ahwatukee Legal Office, P.C., Phoenix, Attorneys for Graciela Leija.

Mark A. Kendall (argued), CopperPoint Mutual Insurance Company, Phoenix, Attorneys for Amicus Curiae CopperPoint Mutual Insurance Company.

Nathan B. Webb , Miller, Pitt, Feldman & McAnally, P.C., Tucson, Attorneys for Amici Curiae Mark Ballinger and Patricia Ballinger.

Taylor C. Young , Mandel Young PLC, Phoenix, Attorneys for Amicus Curiae American Insurance Association.

David W. Lippman , Lippman Recupero , Tucson, Attorneys for Amicus Curiae National Association of Subrogation Professionals.

JUSTICE PELANDER authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE BRUTINEL, and JUSTICES TIMMER, GOULD, and LOPEZ joined. JUSTICE BOLICK concurred in the result.

¶ 1 Under the Arizona Workers' Compensation Act (the "Act"), an insurance carrier obtains a lien on a claimant's (or a claimant's dependents') recovery from third persons who negligently injured or killed the claimant to the extent of workers' compensation benefits paid (less reasonable and necessary...

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