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HERTEL v. HOME INS. CO.

No. 2 CA-CIV 3338.

124 Ariz. 338 (1979)

604 P.2d 269

Robert F. HERTEL and Wilma Hertel, husband and wife, Plaintiffs/Appellants, v. The HOME INSURANCE COMPANY, a foreign corporation, and/or dba Home Indemnity Company, a foreign corporation; Aetna Life & Casualty, a Foreign Corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

December 19, 1979.

Attorney(s) appearing for the Case

Haralson, Kinerk & Morey, P.C. by Burton J. Kinerk, Tucson, for plaintiffs/appellants.

Burch, Cracchiolo, Levie, Guyer & Weyl, P.C. by Thomas G. Bakker, Phoenix, for defendant/appellee The Home Ins. Co.

Everett, Bury & Moeller, P.C. by J. Michael Moeller, Tucson, for defendant/appellee Aetna Life & Cas.

OPINION

HOWARD, Judge.

After the claim of an injured workman against a third-party tortfeasor has been assigned to the insurance carrier by operation of law, A.R.S. Sec. 23-1023(B), can the insurance carrier be held liable to the workman in tort or in contract if it refuses to reassign the claim to the workman? That is the issue here. The trial court entered summary judgment in favor of the insurance carrier. We affirm.1

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