Jones v. Nationwide Property & Casualty Insurance

OPINION

Justice BAER.

We granted review in this case to consider an issue of first impression regarding the legality of an insurance compa*222njfs practice of reimbursing, on a pro rata basis only, an insured’s deductible from funds obtained in an insurer’s subrogation action against a third-party tortfeasor. The insured argues that this practice violates the common law “made whole doctrine.” As discussed in more detail below, the made whole doctrine provides generally that an insurance company cannot exercise its right of subrogation until its insured has been fully compensated or “made whole.” As…