Texas Supreme Court
Fortis Benefits, Petitioner v. Vanessa Cantu and Ford Motor Company, Respondents
June 29, 200750 Tex. Sup. Ct. J. 965
Summary
The Texas Supreme Court held that an insurer's contractual subrogation right under an insurance policy overrides the equitable “made whole” doctrine, allowing Fortis Benefits to recover the full amount of benefits it paid from Cantu’s settlement, and affirmed the enforceability of a Rule 11 pretrial agreement barring Fortis’s claims against Ford, reversing and remanding the lower court on the subrogation issue.