Legal Opinion

Texas Health Insurance Risk Pool v. Sigmundik

Texas Supreme Court

Decided May 28, 2010No. 09-0772PublishedCited by 9 opinions

1Per curiam

This health-insurance subrogation case tens on two rudimentary principles:

1. A trial court abuses its discretion when it invokes the equitable “made whole” doctrine to circumvent a party’s contractual right to subrogation.

2. A trial court may not cut a party out of a settlement where the settlement purports to resolve that party’s claim, and the party participated in the proceedings and requested an allocation.

As the court of appeals’ decision runs counter to both these principles, we reverse its judgment and remand to the trial court for further proceedings consistent with this opinion.

[[Imag…

2Cases cited6 opinions

  1. Austin Nursing Center, Inc. v. LovatoTexas Supreme Court · 2005
  2. Columbia Rio Grande Healthcare, L.P. v. HawleyTexas Supreme Court · 2009
  3. Shepherd v. LedfordTexas Supreme Court · 1998
  4. Fortis Benefits v. CantuTexas Supreme Court · 2007
  5. Ortiz v. Great Southern Fire & Casualty Insurance Co.Texas Supreme Court · 1980

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Colony Insurance v. Peachtree Construction, Ltd.Court of Appeals for the Fifth Circuit · 2011
  2. Amerisure Insurance v. Navigators InsuranceCourt of Appeals for the Fifth Circuit · 2010
  3. Barbara D. Cosgrove, Individually and as the Trustee of the Charles and Barbara Cosgrove Family Revocable Living Trust v. Michael Cade and Billie CadeTexas Supreme Court · 2015
  4. Texas Department of Insurance v. American National Insurance Co.Texas Supreme Court · 2012
  5. Charla G. Aldous, P.C. v. Darwin National Assurance Co.District Court, N.D. Texas · 2015

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API