Wilson v. Educators Mutual Insurance, 436 P.3d 144

In 2010 Jessica Wilson was struck and killed; EMIA (her insurer) paid $78,692.34 in medical expenses.
Jessica’s parents (the Wilsons) sued the driver for wrongful death and tentatively settled for the driver’s $100,000 liability limit.
EMIA filed a subrogation complaint seeking reimbursement for the medical expenses it paid, suing in its own name based on an express contractual subrogation provision in its policy.
The driver interpleaded the $100,000 policy limit into court; EMIA and the Wilsons agreed to dismiss the driver and dispute allocation of the interpleaded funds.
The district court split the $100,000 equally and reimbursed the Wilsons one-half of their attorneys’ fees and costs from EMIA’s share, resulting in ~$75,817.69 to the Wilsons and ~$24,182.31 to EMIA.
On prior appeal this court held EMIA lacked standing to sue in its own name; the Utah Supreme Court reversed, holding EMIA had contractual authority to pursue subrogation in its own name and remanded for remaining issues.

Issue	Plaintiff's Argument (Wilsons)	Defendant's Argument (EMIA)	Held
Whether EMIA’s subrogation claim is barred by Utah Code § 78B-3-107 (survival statute)	§ 78B-3-107 vests pre-death injury claims (including pre-death medical expenses) in the personal representatives or heirs, so EMIA cannot recover those expenses	EMIA: argument inadequately briefed by Wilsons after supreme court’s ruling that EMIA has contractual subrogation rights; court need not reach merits	Wilsons’ contention inadequately briefed; court declines to address merits and rejects argument for failure to carry burden of persuasion
Whether the district court abused its discretion in allocating the $100,000 interpleaded funds	Wilsons claim wrongful-death claimants have ‘superior equity’ and priority of payment over subrogated insurers, so they should receive the funds	EMIA argues equitable division is appropriate given competing claims and policy subrogation rights; district court balanced equities	Court affirms district court: equitable remedy reviewed for abuse of discretion; equal split (with partial fee reimbursement to Wilsons) was within district court’s discretion

Johanson v. Cudahy Packing Co., 152 P.2d 98 (Utah 1944) (common-law rule that subrogation suits typically brought in insured’s name)
Hill v. State Farm Mut. Auto. Ins. Co., 765 P.2d 864 (Utah 1988) (made-whole principle governs equitable subrogation absent contractual modification)
Oliveras v. Caribou-Four Corners, Inc., 598 P.2d 1320 (Utah 1979) (limits on statutory reimbursement rights and allocations among heirs)
Terry’s Sales, Inc. v. Vander Veur, 618 P.2d 29 (Utah 1980) (interpleader is equitable proceeding for adjudicating competing claims to deposited funds)
Collard v. Nagle Constr., Inc., 149 P.3d 348 (Utah 2006) (standard of review: district court’s equitable remedies reviewed for abuse of discretion)
Morrison v. Perry, 140 P.2d 772 (Utah 1943) (discusses inclusion of pre-death medical expenses in injury claims)