Paula Fasso, Respondents, and Independent Health Association, Inc., Intervenor-Appellant v. Ralph J. Doerr…

Summary

The New York Court of Appeals reversed the Appellate Division, holding that a health insurer's equitable subrogation claim cannot be extinguished by a settlement between the plaintiff and tortfeasor without the insurer's consent, and that the "made whole" rule does not bar the insurer's claim when remaining insurance coverage exists.