Legal Question in Insurance Law in Texas

Made Whole in Personal Injury Case?

Re: Under Texas law, Subrogation by health insurance on settlement proceeds received from at-fault driver...What is determination/definition of ''made whole''? Made as physically whole as we were before wreck or made whole in dollar amount as compared to damages sustained? Has there been recent case law change (last 24 months) that opens up our underinsured motorist proceeds from our own auto policy to subrogation? Thank you.


Asked on 9/09/04, 5:42 pm

1 Answer from Attorneys
William Featherston Grissom, Richards & Featherston

Re: Made Whole in Personal Injury Case?

a great question on the "made whole" doctrine. i know of no case that defines or limits what is meant by "made whole". my judgment is that being "made whole" is more than just being reimbursed medical expenses. the analysis should include loss of income, pain, suffering, impairment and anguish. on underinsured motorist coverage and whether health insurance is subrogated to a recovery made for underinsured motorist benefits: it will depend on the type of health plan that is involved (erisa, non-erisa and traditional health insurance) and the plan language. many plans are written now to permit subrogation from underinsured motorist coverage settlements. i hope this helps. bill featherston

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Answered on 9/09/04, 5:58 pm


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