Legal Opinion
Buatte v. Gencare Health Systems, Inc.
Missouri Court of Appeals
Decided December 17, 1996No. 69962PublishedCited by 9 opinions
1Opinion of the Court
RHODES RUSSELL, Presiding Judge.
Gencare Health Systems, Inc. (“Gencare”) appeals from the entry of summary judgment in favor of Lonnie and Theresa Buatte in their declaratory judgment action seeking interpretation of a subrogation provision of an insurance policy. The trial court found that state law governed and based the grant of summary judgment, in part, on Gencare’s waiver of its right of subrogation. We find that federal law permitting subrogation preempted state law and that Gencare did not waive its right to subrogation. We reverse and remand.
In 1987 Lonnie and Theresa Buatte enrolled…
2Cases cited8 opinions
- ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
- Medcenters Health Care, Inc. v. OchsDistrict Court, D. Minnesota · 1993
- NALC Health Benefit Plan v. LunsfordDistrict Court, E.D. Michigan · 1995
- Rauch Lumber Co. v. Medallion Development Corp.Missouri Court of Appeals · 1991
- Prudential Commercial Insurance ex rel. New Jersey Automobile Full Insurance Underwriting Ass'n v. Michigan Mutual InsuranceDistrict Court, N.D. Georgia · 1989
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Travelers Property Casualty Insurance Co. of America v. National Union InsuranceCourt of Appeals for the Eighth Circuit · 2010
- Thurman v. State Farm Mutual Automobile InsuranceSupreme Court of Georgia · 2004
- Doss v. Howell-Oregon Electric Cooperative, Inc.Missouri Court of Appeals · 2005
- Aybar v. New Jersey Transit Bus Operations, Inc.New Jersey Superior Court Appellate Division · 1997
- Farmland Industries, Inc. v. National Union Fire Ins. Co. of PittsburghDistrict Court, D. Kansas · 2005
4 more not listed; retrieve them via the Exa API.