Am. States Ins. Co. v. Williams
Annotate this Case
Download PDF
Cite as 2010 Ark. App. 840
ARKANSAS COURT OF APPEALS
DIVISION III
No. CA10-124
Opinion Delivered
AMERICAN STATES INSURANCE
CO.
APPELLANT
December 15, 2010
APPEAL FROM THE SEBASTIAN
COUNTY CIRCUIT COURT, FORT
SMITH DISTRICT [NO. CV-20031620(V)]
V.
HONORABLE J. MICHAEL
FITZHUGH, JUDGE
CHAD T. WILLIAMS
APPELLEE
REMANDED FOR CLARIFICATION
JOHN MAUZY PITTMAN, Judge
This is an appeal from the trial court’s dismissal of appellant-insurer’s claim to a lien
on the proceeds of a workers’ compensation claimant’s tort settlement on the ground that the
settlement did not make the claimant whole. Appellant argues, inter alia, that the trial court
erred in finding that the appellee-claimant was not made whole because it employed the
wrong equation in its calculations. We remand for the trial court to clarify its order.
The essential facts are undisputed. Appellee Chad Williams was injured in a workrelated traffic accident in 2000. Appellant American States Insurance Co. paid appellee
workers’ compensation benefits in the amount of $71,899.59. Appellee sued the tortfeasor
responsible for the accident, and appellant intervened in the suit to assert its lien rights
pursuant to Ark. Code Ann. § 11-9-410 (Repl. 2002). Appellee settled with the tortfeasor for
Cite as 2010 Ark. App. 840
$675,000. Appellant’s claim to a lien on these proceeds was denied because the trial court
found that the settlement had not made Williams whole.
Arkansas Code Annotated section 23-89-207(a) (Repl. 2004) establishes an insurer’s
right to reimbursement when a recipient of insurance benefits also recovers in a tort
settlement for injury, granting the insurer paying the benefits a right of reimbursement and
credit out of the tort settlement. The right to reimbursement under this statute is subject to
the “made whole doctrine.” Ryder v. State Farm, 371 Ark. 508, 268 S.W.3d 298 (2007).
Therefore, an insurer is not entitled to enforce its contractual right of subrogation until the
insured has been fully compensated, or “made whole,” for his total loss and has in fact
received an amount in excess of the total of his loss; the measure of reimbursement is the
amount by which the sum received by the insured from the third party, together with the
insurance proceeds, exceeds the loss sustained and the expense incurred by the insured in
realizing on his claim. Shelter Mutual Insurance Co. v. Bough, 310 Ark. 21, 834 S.W.2d 637
(1992).
Appellant’s argument that the trial court employed the wrong formula is based on the
following portion of the trial court’s order:
The law is clear that “the precise measure of reimbursement is the
amount by which the sum received by the insured from the [third party],
together with the insurance proceeds exceeds the loss sustained and the expense
incurred by the insured in realizing on his claim.” Logan County v. McDonald,
90 Ark. App. 409, [420,] 206 S.W.3d 258[, 265–66] (2005).
-2-
Cite as 2010 Ark. App. 840
Disregarding any future medical expenses and related damages, after
deducting [appellee’s] costs and attorney’s fees and adding the benefits paid by
[appellant-insurer], the amount does not exceed the total amount settled upon.
The Court finds that Plaintiff has not been made whole by the
settlement. [Appellant’s] claim is denied.
(Emphasis added.)
It can be readily seen that the second quoted paragraph directly contradicts the formula
that was correctly stated in the immediately preceding paragraph. Generally, a presumption
of regularity attaches to judgments of courts of general jurisdiction, so that the court is
presumed to have made findings that support its conclusions. However, this presumption
applies only in the absence of any showing to the contrary. See, e.g., Hollingsworth v.
McAndrew, 79 Ark. 185, 193 (1906); see also First National Bank v. Higginbotham Funeral Service,
Inc., 36 Ark. App. 65, 73–74, 818 S.W.2d 583, 588 (1991) (Cracraft, C.J., dissenting). Given
the contradictory paragraphs, we are unable to tell how the trial court calculated damages.
Consequently, we remand for the trial court to clarify its order so that we may address the
merits of appellant’s arguments. See Glover v. Woodhaven Homes, Inc., 346 Ark. 397, 57 S.W.3d
211 (2001).
Remanded for clarification.
G LADWIN and K INARD, JJ., agree.
-3-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.