VICTORY, Judge.
This appeal presents the issue of whether a portion of plaintiffs' attorney fees may be assessed against an insurer, who after making medical payments to the plaintiffs, intervenes in their tort action against the tort-feasor to recoup the payments made. The trial judge assessed a portion of the plaintiffs' attorney fees to the insurer. We reverse.
FACTS
On April 11, 1988, J.W. McLain and his mother, Bernice Harper McLain, were injured...
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