United Fire & Casualty Co. v. Armantrout

904 P.2d 1375, 1995 WL 233017
CourtColorado Court of Appeals
DecidedApril 20, 1995
DocketNos. 93CA1614, 93CA1617
StatusPublished
Cited by3 cases

This text of 904 P.2d 1375 (United Fire & Casualty Co. v. Armantrout) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Fire & Casualty Co. v. Armantrout, 904 P.2d 1375, 1995 WL 233017 (Colo. Ct. App. 1995).

Opinion

Opinion by

Chief Judge STERNBERG.

Defendant, Robert J. Armantrout, Sr., was injured in two separate accidents, both of which occurred while in the course of his employment. His employer, Combined Insurance Company of America, through its insurer, National Union Fire Insurance Company, (subrogees) paid him workers’ compensation benefits. Armantrout sued a third-party tortfeasor seeking damages for his injuries. He settled that case. When the parties to this appeal disagreed as to the amount, if any, of the settlement that was to be subject to the subrogees’ claim, the tort-feasor’s insurer brought this interpleader action. Both Armantrout and the subrogees appeal the judgment entered by the trial court. We reverse and remand with directions.

In September 1984, while in the course of his employment, Armantrout sustained a severe injury to his elbow when he slipped and fell at a motel. He applied for and received workers’ compensation benefits from the sub-rogees for those injuries. In 1986, he filed suit against the owners of the motel.

While that suit was pending, Armantrout was badly injured in a one-car accident on April 1, 1988, also in the course of his employment. He again received workers’ compensation benefits from the subrogees. Ar-mantrout alleged that he fell asleep at the wheel and hit a bridge abutment because of pain medication he was taking and sleep deprivation he was experiencing due to the elbow injury. Therefore, he sought to reeover damages against the motel owners for his injuries in both accidents.

On April 14, 1988, Armantrout and the subrogees entered into an assignment agreement which provided, in part, that Armantr-out would prosecute an action against third parties “who may be legally liable for his injuries, damages, and losses, as a result of his falling down the stairway at the [motel],” and that the subrogee insurer assigned to Armantrout its “claims against ... third parties who may be legally responsible to claimant for injuries, damages, and losses arising out of Claimant’s fall ... at the ... motel.” Armantrout agreed to hold in trust for the benefit of the subrogee insurer, and to pay to it from any gross recovery, a sum equal to the insurer’s liability under the Workers’ Compensation Act. The agreement also delineated how attorneys fees and costs would be allocated between the parties. The terms of the assignment agreement made no express reference to the automobile accident, which had occurred some two weeks earlier.

The trial on the suit against the motel owner resulted in a verdict in Armantrout’s favor which, when reduced by comparative negligence, netted him $401,379.70. That jury also determined, in response to a special interrogatory, that none of Armantrout’s total damages resulted from the automobile accident.

In January 1989, after receipt of the verdict, but prior to entry of judgment, Ar-mantrout, the motel owner, and its insurer settled the case, and stipulated to vacating the verdict. By the terms of that settlement, Armantrout was to receive $495,000 as consideration ’ for releasing the motel owners from all claims relating to the slip and fall in 1984 and the vehicular accident that occurred in 1988. The agreement, however, did not allocate the total amount between the two accidents or specify what amount, if any, compensated Armantrout for damages such as pain and suffering. The $495,000 settlement figure was the product of negotiation between the parties, the amount in excess of the jury verdict of $401,379.70 being attributable to part of the interest and costs that had accrued.

[1378]*1378Relying upon the statute, § 8-41-203(1), C.R.S. (1994 Cum.Supp.), and the assignment agreement, the subrogees asserted both a statutory and contractual subrogation lien as to workers’ compensation benefits paid to Armantrout for injuries sustained in both accidents. Armantrout acknowledged the validity of the lien for benefits attributable to the first accident but not the second.

Faced with conflicting claims to the settlement proceeds, the insurer for the motel owners filed this interpleader action pursuant to C.R.C.P. 22. It deposited $110,000, the total amount of compensation benefits that had been paid up to that time on both accidents, into the registry of the district court for determination of how those funds should be allocated between Armantrout and the subrogees. Thereafter, from that deposited amount, the subrogees were paid $56,000 for the workers’ compensation benefits they had paid for the first accident, less attorney fees of approximately $14,000.

Armantrout moved for summary judgment in the interpleader action, claiming that he had not recovered any funds from the motel owners for the automobile accident against which the subrogees could assert a lien. Based largely on its interpretation of the jury’s answer to the special verdict interrogatory, the trial court agreed and granted the motion.

On appeal by the subrogees, a division of this court reversed. Armantrout v. Combined Insurance Co. (ColoApp. No. 89CA1110, January 3, 1991) (not selected for official publication). That opinion held that the jury verdict merged into and was supplanted by the settlement agreement; thus, the trial court erred in relying on the verdict as the basis for its order of summary judgment. The case was remanded for determination of the merits of the subrogation lien asserted by the subrogees related to the automobile accident.

After remand, Armantrout filed a motion seeking a determination of the extent of the subrogees’ potential recovery should the lien be found valid. In response to this motion and prior to submitting the case to the jury, the trial court found that the assignment agreement governed both accidents; therefore, it concluded that apportionment of attorney fees and costs related to the automobile accident should be made pursuant to the terms of the agreement.

The case was tried to a jury which, in responding to a special interrogatory, concluded that Armantrout had recovered money from the settlement that compensated him for something “more than the injuries received in the slip and fall accident.” Following that determination, the court, “sitting in equity,” heard additional evidence and apportioned the $495,000 settlement amount between the two accidents. It allocated $401,-380 to the slip and fall claim and $93,620 to the automobile accident.

The effect of the trial court’s apportionment order was to prevent the subrogees from asserting a subrogation lien against the total recovery for both accidents. Significantly, the workers’ compensation benefits that the subrogees had paid on the slip and fall case totalled some $56,000, while benefits paid on the automobile accident claim exceeded $300,000, and additional amounts would continue to be paid indefinitely. On appeal, both parties contend that the trial court erred in its determination of the extent of the workers’ compensation lien.

I.

Because it is dispositive, and subsumes other contentions, we address first the subrogees’ contention that the trial court erred by not making the entire $495,000 settlement amount subject to their workers’ compensation subrogation lien. We agree with the subrogees and conclude that, pursuant to § 8-41-203(1), the lien may be asserted against the entire settlement.

The workers’ compensation insurer’s sub-rogation interest is defined by § 8-41-203(1), which provides:

If such injured employee ...

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Cite This Page — Counsel Stack

Bluebook (online)
904 P.2d 1375, 1995 WL 233017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-fire-casualty-co-v-armantrout-coloctapp-1995.