· 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 CourtListenerSourced 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.