A court of the Northern District of Texas resolved cross-motions for summary judgment in a workers’ compensation subrogation dispute, denying an insurer’s motion for partial summary judgment but granting the defendants’ motion for summary judgment, holding that under Texas Labor Code Chapter 417 the insurer could not recover reimbursement from an insured’s third-party recovery because the employer’s apportioned fault exceeded the benefits paid, thereby reducing the insurer’s subrogation interest to zero.
