Holmes Regional Medical Center, Inc. v. Allstate Insurance Company – Corrected Opinion

Summary

The court held that an initial tortfeasor or insurer may not pursue equitable subrogation against a subsequent medical tortfeasor until the injured party’s judgment has been fully satisfied. Because the insurer paid only the policy limit and the judgment remained substantially unpaid, neither respondent had a subrogation claim, and the court reinstated dismissal of those claims. The court also held that the plaintiff’s separate malpractice action was not barred by election-of-remedies or one-action principles.