Holmes Regional Medical Center, Inc., Petitioners v. Allstate Insurance Company, Respondents

Summary

The Court held that equitable subrogation is unavailable to an initial tortfeasor or insurer until the injured party's judgment has been fully paid. Because the insurer paid only the policy limit and the insured paid nothing toward the unsatisfied judgment, neither could pursue contingent subrogation against the medical providers. The Court also held that pursuing the medical-malpractice action after obtaining an unsatisfied judgment against the initial tortfeasor was not an election of remedies or an impermissible double recovery. Justice Pariente concurred to emphasize the plaintiff's continuing uncompensated status, while Justices Polston and Lawson would have allowed contingent subrogation.