Ortiz v. Great Southern Fire & Casualty Insurance Co.

How courts have described this case

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

• stating that under equitable subrogation, \[a]n insurer is not entitled to subrogation if the insured's loss is in excess of the amounts recovered from the insurer and the third party causing the loss.\
• acknowledging that a settlement agreement may compensate for damages
• one reason for granting an insurance company the right of subrogation is to prevent the insured from receiving a double recovery
• no right to sub-rogation unless insured recovered sum in excess of the amounts recovered from the insurer and the third party causing the loss
• insurer bears burden of showing what amount, if any, of settlement funds was allocated to covered loss
• insurer bears burden of showing what amount, if any, of settlement funds was allocated to covered loss

Source: CourtListener parenthetical corpus (CC0).