Ex Parte State Farm Fire and Casualty Co.

This case involves a subrogation claim filed by an insurer against alleged tortfeasors to recover amounts it had paid to its insured. This Court granted certiorari review specifically to re-examine the rule that an insurer that has paid claims of its insured has no subrogation rights against a tortfeasor who harmed the insured until the insured is "made whole." That rule was established in Powell v. Blue Cross Blue Shield of Alabama,581 So.2d 772 (Ala. 1990), and its progeny, Sharpley v. SonocoProducts Co., 581 So.2d 792 (Ala. 1990); McKleroy v. Wilson,581 So.2d 796 (Ala. 1990); Peck v. Dill,…