Texas Supreme Court June 29, 2007, 05-0791 (Fortis Benefits v. Cantu)

*644

Justice WILLETT

delivered the opinion of the Court.

The issue in this insurance subrogation case is whether the equitable “made whole” doctrine — the rule that an insurer is not entitled to subrogation of medical benefits unless the insured has been “made whole” — trumps an insurer’s contract-based subrogation right.