Waterhouse v. Robinson

Plaintiff filed negligence complaint for auto accident, and later filed motion to adjudicate liens, noting that health insurer and his auto insurer had asserted liens for medical expenses. Court held common-fund doctrine was inapplicable to auto insurer's lien based on medical payments made to Plaintiff under his policy's coverage. Plaintiff's counsel has a potential common-fund doctrine claim for her work on policy-limit settlement with at-fault driver, which depends on resolution of Plaintiff's underinsured motorist claim; thus, common-fund doctrine claim did not present a justiciable matter, and court should have dismissed motion to adjudicate liens based on lack of subject-matter jurisdiction.(APPLETON and POPE, concurring.)