ALVIN B. RUBIN, Circuit Judge:
An insured who had been tendered the medical expenses covered by the medical payments clause of his automobile insurance policy seeks to justify his refusal to subrogate the insurer to his rights against a third party tortfeasor on the ground that, while he had recovered all of the tortfeasor's assets available for compensation, he had still realized far less than the amount of damages suffered. Under Texas law, applicable to this diversity...
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