It’s time for the next installment of Holcomb Dunbar law series “Insurance Law from A to Z.” This was put together by our litigation group http://www.holcombdunbar.com/litigation/ who practice in the insurance law arena. Of course, if you have questions about these or any other topics please do not hesitate to contact us.
This week’s installment – Made Whole Rule
The “made whole rule” is a general principle that an insurer is not entitled to equitable subrogation until the insured has been fully compensated. Hare v. State, 733 So. 2d 277 (Miss. 1999); United Services Auto. Ass’n v. Stewart, 919 So. 2d 24 (Miss. 2005). This equitable right to be made whole cannot be superseded by contrary contract language. 5 MS Prac. Encyclopedia MS Law § 40:97. So far, this rule applies only to insurance carriers and not to actual healthcare providers. Memorial Hospital at Gulfport v. Guardianship of Proulx, No. 2012-CA-01714-SCT (Miss. September 12, 2013).
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