Mike Ortiz, Petitioners v. Great Southern Fire and Casualty Insurance Company, Respondent

Summary

The Texas Supreme Court held that Great Southern Fire and Casualty Insurance Company is not automatically entitled to full subrogation of its $4,000 payment when the third‑party settlement does not fully compensate the Ortizes. The Court reversed the Court of Civil Appeals and remanded for the trial court to determine how much of the $10,000 settlement, if any, was allocated to the insured's real‑property loss before allowing any subrogation.