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“Fortis Benefits v. Cantu” “Jason Schulze” “Sigmundik” “Made-Whole Rule” “contractual subrogation” “equitable subrogation” “Texas”
In Fortis Benefits v. Cantu, 234 S.W.3d 642 (Tex.2007), the Texas Supreme Court held that the “made whole” doctrine does not apply where the parties’ agreed contract provides a clear and specific right of subrogation. Despite this ruling, the Austin Court of Appeals was recently confronted with a situation where a trial court attempted to...