· 4/5/1954
Michigan Hospital Service v. Sharpe
Citations
- 63 N.W.2d 638
- 339 Mich. 357
- 43 A.L.R. 2d 1167
- 1954 Mich. LEXIS 441
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that equitable subrogation not allowed for health insurance contract
- finding that Blue Cross could not use subrogation portions of the Michigan Insurance laws because Blue Cross’s contracts were not ones of insurance
- finding that a party who is primarily obligated cannot use equitable subrogation to recover from other parties
- finding that non-profit providing hospital services could not bring subrogation suit against subscriber to service plan
- “Subrogation is an equitable doctrine ... [that] appl[ies] whenever persons, other than mere volunteers, pay a debt or. demand which in equity and good conscience should have been satisfied by another.” (citation omitted)
- the result is dictated by basic subrogation principles, which provide that one who is primarily liable for a debt cannot be subrogated to the lender's rights under the note or mortgage securing the debt
Source: CourtListener parenthetical corpus (CC0).
Judges: Beid, Btjshnell, Dethmers, Reid, Butzel, Carr, Sharpe, Boyles, Bushnell, Kelly
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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