Wolfe v. Alfa Mut. Ins. Co.

I agree with the result reached by the majority that the subrogation provision in the insurance contracts between the insureds and Alfa abrogates the made-whole doctrine, permitting Alfa to be subrogated for claims it paid to its insureds even though the insureds have not been fully compensated for their personal injuries. However, I do not believe, as the majority does, that the parties were free to negotiate the subrogation provision with its consequent effect. As the Eighth Circuit Court of Appeals stated in American Service Mutual Insurance Co. v.Bottum, 371 F.2d 6, 12 (8th Cir. 1967),…