Allstate Insurance v. Druke

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that anti-subrogation rule protects insureds whose medical coverage may not indemnify them for all aspects of their loss, and does not affect rate schedules because insurers still receive the full benefit of the premiums paid
• insurer's medical expense repayment provision unenforceable as a subrogation of the insured’s cause of action against the third party tort-feasor
• no right of subrogation on the ground that it was an illegal assignment of a personal injury claim
• private insurer may not recover from insured’s tort recovery for medical expenses incurred on behalf of insured
• private insurer may not recover from insured's tort recovery for medical expenses incurred on behalf of insured
• in rejecting assignment of claims, the Court remarked that “[w]hatever the form, whatever the label, whatever the theory, the result is the same”

Source: CourtListener parenthetical corpus (CC0).