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TEXAS HEALTH INS. RISK POOL v. SIGMUNDIK

No. 09-0772.

315 S.W.3d 12 (2010)

TEXAS HEALTH INSURANCE RISK POOL, Petitioner, v. Sharon B. SIGMUNDIK, Benjamin J. Sigmundik and Zachary P. Sigmundik, as the Sole and Legal Heirs and Beneficiaries of Thomas M. Sigmundik, Deceased, and/or of the Estate of Thomas M. Sigmundik, Deceased; Otto L. Monecke and Virginia L. Monecke, Respondents.

Supreme Court of Texas.

May 28, 2010.

Attorney(s) appearing for the Case

Larry Parks, Mitchell Williams Long Burner, Austin, TX, for Petitioner.

Jeff Rex Steinhauser, Attorney at Law, Flatonia, TX, Peggy S. Supak, Fayette County Courthouse, La Grange, TX, Max E. Roesch, Max E. Roesch, P.C., Giddings, TX, Gordon A. Holloway, Giorgio `George' Caflisch, Holloway, Rowley & Caflisch, P.C., Houston, TX, for Respondent.

PER CURIAM.

This health-insurance subrogation case turns 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...

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