In re Estate of Evertson

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In re Estate of Evertson

Case Number
Call Date
November 17, 2015
Case Time
1:00 PM
Case Summary

A-15-0104, In re Estate of Everston

Morrill County Court Judge Paul G. Wess

Attorney for Appellant: Gregory W. Plank (Ray Lego & Associates)

Attorney for Appellee: R. Kevin O'Donnell (Law Office of R. Kevin O'Donnell PC, LLO)

Civil Action: Probate, Third Party Settlement Proceeds, Subrogation

Action Taken by Trial Court: The Estate of Evertson settled a wrongful death action with the insurance carrier of a third party involved in the accident, and Evertson's surviving spouse was paid $250,000 of the settlement proceeds. Travelers Indemnity Company, which had been paying statutory benefits to the surviving spouse under a policy of workers' compensation insurance, made an application for the $250,000, claiming a subrogation interest in the proceeds. After a hearing, the county court for Morrill County awarded the $250,000 settlement proceeds to the surviving spouse and her attorneys.

Assignments of Error on Appeal: The appellant assigns, restated, that the county court erred when it (1) applied a 'made whole' analysis when it awarded no part of the third party settlement to the appellant, (2) failed to consider potential settlement proceeds from an underinsured motorist policy, (3) failed to apply a 'rule of proportionality' when distributing the third party settlement proceeds, and (4) failed to consider future credits and award the appellant future credits.

Case Location
Panel Text
Moore, Chief Judge, Irwin, and Inbody, Judges