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Reliance Insurance Co. v. Blackford9/9/2004
proceeds should be based on that allocation.
We reject intervenors' contention, however, that Reliance was entitled to at least eighty-five percent of the settlement proceeds based on the trial court's findings that claimant's economic damages were between $600,000 and $700,000 and that his non-economic loss "would be in excess of $100,000."
The trial court did not make an explicit finding regarding the total amount of damages suffered by claimant or the actual specific amount of the non-economic damages. Nor did it order that the settlement proceeds be distributed based on such an allocation. Therefore, we must remand for further proceedings.
Upon remand, the trial court shall determine the actual amounts of claimant's economic and non-economic damages and apportion the settlement proceeds accordingly.
II.
Intervenors also contend that the trial court erred in awarding claimant his costs incurred in connection with the Jorgensen hearing. In light of our holding reversing the trial court's allocation order, we agree. We therefore vacate the order awarding costs.
The order allocating settlement proceeds is reversed, the cost award is vacated, and the case is remanded to the trial court for apportionment of the settlement proceeds in accordance with this opinion.
JUDGE ROY and JUDGE CARPARELLI concur.
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