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Benchmark Insurance Company v. Home State County Mutual Insurance Company
Citation: Not availableDocket: 12-07-00224-CV
Court: Court of Appeals of Texas; April 30, 2009; Texas; State Appellate Court
Original Court Document: View Document
Benchmark Insurance Company appeals the trial court's ruling on Home State County Mutual Insurance Company's interpleader petition, which resulted in Home State being discharged from the suit and protected from any further claims by Benchmark and Robert William Sullivan. The court also released Home State from all liabilities to both parties. The background involves Sullivan, who, while employed by Silva-Tech South, Inc., was involved in a collision with a truck driven by Johnathan Santos. Sullivan received workers' compensation benefits from Benchmark and subsequently won a substantial judgment in a third-party action against Santos and Willoughby Trucking, with Home State responsible for a large portion of the awarded amount. Following conflicts between Benchmark and Sullivan, Home State initiated an interpleader action to resolve the disputes. Benchmark raises five issues on appeal, primarily contesting the trial court's determination of its statutory lien amount and the attorney's fees awarded to Wheeler, who represented Sullivan. Benchmark argues that the court's finding of the lien at $190,465.10 was in error and claims that Wheeler improperly sought to reduce the lien without notifying Benchmark of the third-party funds received by Sullivan. However, the court had previously addressed these issues in another case and found no errors in the rulings. Consequently, Benchmark's fifth argument, which claims that the trial court's decisions regarding the lien and attorney's fees led to an improper order on the interpleader, was also overruled. The court ultimately affirms the trial court's judgment in favor of Home State.