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FORTIS BENEFITS v. CANTU

No. 05-0791.

234 S.W.3d 642 (2007)

FORTIS BENEFITS, Petitioner, v. Vanessa CANTU and Ford Motor Company, Respondents.

Supreme Court of Texas.

Decided June 29, 2007.

Rehearing Denied November 2, 2007.

Attorney(s) appearing for the Case

Loren R. Smith, Kelly, Smith & Murrah, P.C., Thomas A. Laucius, Laucius & Associates, Houston, TX, for Petitioner.

Thomas B. Cowart, Law Offices of Thomas B. Cowart, P.C., Adolfo Ruiz Rodriguez, Basheer Youssef Ghorayeb, Rodriguez Law Firm, P.C., Dallas, TX, Michael W. Eady, Thompson, Coe, Cousins & Irons, L.L.P., Austin, TX, for Respondents.

Kevin J. Cook, Payne & Blanchard, Dallas, TX, E.L. Caraway III, Watson Caraway Harrington Nelson Midkiff & Luningham, Fort Worth, TX, for Other Interested Parties.

Gary L. Wickert, Matthiesen, Wickert & Lehrer, S.C., Hartford, WI, Brent M. Rosenthal, Baron & Budd, P.C., Dallas, TX, for Amicus Curiae.

Justice WILLETT delivered the opinion of the Court.

The issue in this insurance subrogation case is whether the equitable "made whole" doctrine—the rule that an insurer is not entitled to subrogation of medical benefits unless the insured has been "made whole"—trumps an insurer's contract-based subrogation right.

After respondent Vanessa Cantu sued multiple parties for severe injuries she sustained...

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