Carriers Ins. Co. v. LeRoy, 74--780
| Decision Date | 11 February 1975 |
| Docket Number | No. 74--780,74--780 |
| Citation | 309 So.2d 35 |
| Parties | CARRIERS INSURANCE COMPANY, Appellant, v. Thomas G. LEROY and Gladys LeRoy, Appellees. |
| Court | Florida District Court of Appeals |
Underwood, Gillis, Karcher, Reinert & Gordon, Miami, for appellant.
Podhurst, Orseck & Parks, Colson & Hicks, Miami, for appellees.
Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.
Appellant-lienor appeals the trial court's order awarding the appellant zero as an equitable distribution.
Plaintiff-appellee, Thomas LeRoy, a truckdriver, was in the employ of R. L. Jeffries Trucking Company, Inc., when he was injured on April 17, 1972 while unloading a truck at the Port of Miami, Miami, Florida. Plaintiff's employer is an Indiana company and plaintiff, an Indiana resident filed a claim for workmen's compensation benefits in Indiana on June 8, 1972. Appellant herein, Carriers Insurance Company accepted the accident as compensable and entered into an agreement with plaintiff-appellee wherein plaintiff agreed to receive workmen's compensation benefits under Indiana law which, inter alia, provides for the creation of a lien in favor of the appellant upon any settlement, award or judgment out of which the plaintiff might be compensated from a third party. 1
Thereafter, plaintiff, joined by his wife, filed suit against the third party tortfeasors. Appellant, the workmen's compensation lienor, actively participated therein. Plaintiffs ultimately settled this lawsuit for $175,000.00. Subsequent thereto, in September, 1972 plaintiff filed an order of dismissal of his Indiana claim pursuant to which appellant lienor had paid out $29,471.23 in benefits and then filed a claim for further benefits under the Florida Workmen's Compensation law. Appellant, in January, 1974 accepted the Florida claim as compensable. On February 6, 1974, plaintiff filed a petition for equitable distribution and a hearing was held thereon at which appellant argued that Indiana law should be applied in determining the extent of its subrogation interest for the amounts paid under the Indiana claim which law requires full reimbursement of all amounts paid thereunder, less pro rata share of attorney's fees and costs. The trial judge ruled that Florida law and not Indiana law was applicable and thereupon entered his order directing that plaintiff, Thomas LeRoy pay appellant the sum of zero dollars as an equitable distribution of the proceeds of the $175,000.00 settlement. This appeal followed. We reverse the trial court's order.
It is well established that matters bearing upon the execution, validity, interpretation and obligations of contracts are determined by the laws of the situs...
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