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· 6/29/2007

Fortis Benefits v. Cantu

Citations

  • 234 S.W.3d 642
  • 50 Tex. Sup. Ct. J. 965
  • 2007 Tex. LEXIS 603
  • 2007 WL 1861000

How courts have described this case

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

  • stating that courts should construe contracts “as is” and not insert language by “judicial fiat”
  • noting that contract rights arise from the parties’ agreement, not principles of equity and declining to “judicially rewrite the parties’ contract by engrafting extra-contractual standards”
  • in insurance subrogation case, Supreme Court was “loathe to judicially rewrite the parties’ contract by engrafting extra-contractual standards” not required by law
  • risk-shifting and risk-pooling \are quintessential elements of insurance contracts\
  • the terms of the contract govern contractual subrogation
  • Act embraces “insurer’s first-money right of subrogation”

Source: CourtListener parenthetical corpus (CC0).

Judges: Willett

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.