Made Whole Doctrine Class Action Suits and Bad Faith Litigation Continue to Threaten Subrogation Claims
One of the most successful weapons trial lawyers have discovered in combatting subrogation across the country has been the Made Whole Doctrine. It requires an insured to be fully compensated for damages (i.e., to be “made whole”) before the insurer is entitled to recover in subrogation from the at-fault third party tortfeasor. This “equitable” rule…