30 Tennessee opinions name it 2 courts 1932–2024 1 in the last five years
The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Castleman Construction Company v. Penningtongreen2 sentences2010The title companies alleged that they were entitled to recover payments made to clear title to the property under the doctrine of subrogation.9 Id. at 672 . 2010See Castleman, 432 S.W.2d at 671 . 9 Castleman explains that “the title insurance policy issued by the complainant companies to Castleman Construction Company contained a subrogation clause” and “that this clause provided that if and when the title companies had to clear an encumbrance insured against, they would be subrogated to all the rights of [the construction company].” Castleman, 432 S.W.2d at 674 . -9- ‘It is stated in 83 C.J.S. ‘Subrogation’, Section 2, that the object of subrogation is to promote and accomplish justice and to prevent injustice. | 3 | 4 |
Summers v. Command System, Inc.green2 sentences2019Id. at 313 . 2019Id. at 315-16 . | 2 | 3 |
Wimberly v. American Casualty Co. of Readinggreen2 sentences2006Id. at 203 . 1999In addition, we specifically said in Wimberly that an “assignment adds nothing to the rights vested in the surety by the doctrine of subrogation.” 584 S.W.2d at 204 (quoting Garrity v. Rural Mut. | 1 | 4 |
Travelers Insurance Co. v. Williamsgreen2 sentences2000While noting that other jurisdictions have adopted different approaches, our Supreme Court held that each case must be decided by applying general fundamental principles of contract law to its particular facts, and that, “... whether or not an attorney is entitled to collect from the insurer a fee with respect to a subrogation claim depends upon whether an express or implied contract or quasi contractual relationship exists between them.” 541 S.W.2d at 590 . 1993It follows that whether or not an attorney is entitled to collect from the insurer a fee with respect to a subrogation claim depends upon whether an express or implied contract or a quasi contractual relation exists between them. 541 S.W.2d at 589-90 (citations omitted). | 1 | 4 |
Hickman v. Continental Baking Co.green1 sentence2019As to the specific attorney’s fee issue involved herein, our Supreme Court has held that “in cases in which the employer chooses not to participate in the prosecution of the third-party suit the employee’s attorney’s fee shall be charged against the entire recovery and shall reduce the employer’s subrogation claim by a pro rata amount.” Hickman v. Cont’l Baking Co., 143 S.W.3d 72, 79 (Tenn. 2004) (citation omitted). | 1 | 1 |
Mullins v. Parkeygreen1 sentence1999In Wimberly v. American Casualty Company, 584 S.W.2d 200, 203 (Tenn. 1979), the Court held that an insurer’s right to subrogation arises when the insured is “made whole.” See also Mullins v. Parkey, 874 S.W.2d 12, 14-15 (Tenn. App. 1992). | 1 | 1 |
Cross v. Pan Am World Services, Inc.green1 sentence1997Tenn. Code Ann. § 50-6-112 (c)(1); Cross v. Pan Am World Servs., Inc., 749 S.W.2d 29, 30 (Tenn. 1987), rev’d on other grounds, 867 S.W.2d 312, 315 (Tenn. 1993); Aetna Cas. & Sur. | 1 | 1 |
Garrity v. Rural Mutual Insurancegreen1 sentence1979“The assignment adds nothing to the rights vested in the surety by the doctrine of subrogation.” Id. at 516, quoting from Couch, supra, § 61.105. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Dixon v. Morgan
green
2 sentences1997Perhaps the fullest extension of the subrogation doctrine can be found in the case of Dixon v. Morgan, 154 Tenn. 389 , 285 S.W. 558 (1926), on which the appellants rely. 1997Perhaps the fullest extension of the subrogation doctrine can be found in the case of Dixon v. Morgan, 154 Tenn. 389 , 285 S.W. 558 (1926), on which the appellants rely. | 4 | 1932–1997 |
National Cordova Corp. v. City of Memphis
green
2 sentences2024Relying on Rule 17.01, the Tennessee Supreme Court has explicitly held that an insurance company may bring an action against a third party in its own name as the real party in interest: Upon payment by the insurer of a loss, it becomes the real party in interest with respect to the subrogation claim, National Cordova Corp. v. City of Memphis, 214 Tenn. 371 , 380 S.W.2d 793 (1964), and has the right to bring suit in the name of the insured, Emmoco Ins. 2024Relying on Rule 17.01, the Tennessee Supreme Court has explicitly held that an insurance company may bring an action against a third party in its own name as the real party in interest: Upon payment by the insurer of a loss, it becomes the real party in interest with respect to the subrogation claim, National Cordova Corp. v. City of Memphis, 214 Tenn. 371 , 380 S.W.2d 793 (1964), and has the right to bring suit in the name of the insured, Emmoco Ins. | 3 | 1967–2024 |
Greenlaw v. Pettit
green
1 sentence2010That it is the mode which equity adopts to compel the ultimate payment of a debt by one who, in justice, equity and good conscience, should pay. ‘In the early case of Greenlaw, Executor v. Pettit (Pittit) 87 Tenn. (467) ( 11 S.W. 357 ), in an opinion by Mr. Justice Lurton, one of the greatest judges in Tennessee history, it was said that the right of subrogation, being a pure equity, will be enforced only in favor of a meritorious claim, and where it can be done without injustice to the dobtor [sic] and his other creditors. ‘In (Fecheimer-Keifer) v. Burton, 128 Tenn. 682 ( 164 S.W. 1179 , 51 L | 1 | 2010–2010 |
Fecheimer-Keifer Co. v. Burton
neutral
1 sentence2010That it is the mode which equity adopts to compel the ultimate payment of a debt by one who, in justice, equity and good conscience, should pay. ‘In the early case of Greenlaw, Executor v. Pettit (Pittit) 87 Tenn. (467) ( 11 S.W. 357 ), in an opinion by Mr. Justice Lurton, one of the greatest judges in Tennessee history, it was said that the right of subrogation, being a pure equity, will be enforced only in favor of a meritorious claim, and where it can be done without injustice to the dobtor [sic] and his other creditors. ‘In (Fecheimer-Keifer) v. Burton, 128 Tenn. 682 ( 164 S.W. 1179 , 51 L | 1 | 2010–2010 |
Fashion Place Investment, Ltd. v. Salt Lake County/Salt Lake County Mental Health
green
1 sentence2005The trial court granted summary judgment to the tenant, and on appeal, the court of appeals expanded its previous ruling in Fashion Place Investment, Ltd. v. Salt Lake County, 776 P.2d 941 (Utah Ct.App. 1989) and affirmed the trial court. | 1 | 2005–2005 |
GNS PARTNERSHIP v. Fullmer
green
1 sentence2005The Court of Appeals of Utah in GNS Partnership v. Fullmer, 873 P.2d 1157 (Utah Ct.App. 1994) addressed a subrogation claim asserted by a landlord’s fire and casualty insurer against a tenant for a fire loss allegedly caused by the negligence of the tenant. | 1 | 2005–2005 |
Interested Underwriters at Lloyds v. Ducor's, Inc.
green
1 sentence2000Id. at 287 . -6- Planters Gin also argues on appeal that the trial court erred in granting summary judgment in favor of Wells Fargo. | 1 | 2000–2000 |
Chrysler Credit Corp. v. Noles
green
1 sentence1999Noles, 813 S.W.2d at 439 . | 1 | 1999–1999 |
McDonald v. Republic-Franklin Insurance
green
2 sentences1999The Gardners cite the decision of McDonald v. Republic-Franklin Insurance Co., 45 Ohio St.3d 27 , 543 N.E.2d 456 (1989), wherein the Ohio Supreme Court stated that *500 [w]hile an insurer may protect its right of subrogation by including a subrogation clause in its policy, such clause does not operate to place the entire burden of protection on the insured. 1999The Gardners cite the decision of McDonald v. Republic-Franklin Insurance Co., 45 Ohio St.3d 27 , 543 N.E.2d 456 (1989), wherein the Ohio Supreme Court stated that *500 [w]hile an insurer may protect its right of subrogation by including a subrogation clause in its policy, such clause does not operate to place the entire burden of protection on the insured. | 1 | 1999–1999 |
Castleman v. Ross Engineering, Inc.
green
1 sentence1998In Castleman v. Ross Engineering, Inc., 958 S.W.2d 720 (Tenn. 1997), the Supreme Court considered enforcement of a subrogation claim for benefits paid to an employee where fault was attributed to the employee and to the employer. | 1 | 1998–1998 |
Tart v. Register
green
2 sentences1967Then, too, in North Carolina in the case of Tart v. Register, 257 N.C. 161 , 125 S.E.2d 754 , the court held that even though the weight of authority was to the contrary the occupants of an automobile which collided with defendant's car were not entitled to recover for the defendant's doctor and hospital bills, incurred as a result of the collision, but would be paid under automobile medical payments insurance coverage of the automobile in which they were riding. 1967Then, too, in North Carolina in the case of Tart v. Register, 257 N.C. 161 , 125 S.E.2d 754 , the court held that even though the weight of authority was to the contrary the occupants of an automobile which collided with defendant's car were not entitled to recover for the defendant's doctor and hospital bills, incurred as a result of the collision, but would be paid under automobile medical payments insurance coverage of the automobile in which they were riding. | 1 | 1967–1967 |
Globe & Rutgers Fire Ins. v. Cleveland
green
2 sentences1967Such a claim would constitute a splitting of the cause of action of Bart White, Sr. See Globe & Rutgers Fire Insurance Company v. Cleveland (1931) 162 Tenn. 83 , 34 S.W.2d 1059 , and National Cordova Corporation v. City of Memphis (1964) 214 Tenn. 371 , 380 S.W.2d 793 . 1967Such a claim would constitute a splitting of the cause of action of Bart White, Sr. See Globe & Rutgers Fire Insurance Company v. Cleveland (1931) 162 Tenn. 83 , 34 S.W.2d 1059 , and National Cordova Corporation v. City of Memphis (1964) 214 Tenn. 371 , 380 S.W.2d 793 . | 1 | 1967–1967 |
Bradshaw v. VanValkenburg
neutral
2 sentences1937In appellant’s brief much reliance seems to be placed upon the Tennessee cases of Old National Bank v. Swearingen, 167 Tenn., 529, 536 , 72 S. W. (2d), 545 ; Walker v. Walker, 138 Tenn., 679 , 200 S. W., 825 ; Bradshaw v. Van Valkenburg, 97 Tenn., 316, 322 , 37 S. W., 88 ; and Motley v. Harris, 1 Lea, 577 ; but these cases all involved the doctrine of subrogation, and were expressly decided by the court upon a consideration and application of that doctrine. 1937In appellant’s brief much reliance seems to be placed upon the Tennessee cases of Old National Bank v. Swearingen, 167 Tenn., 529, 536 , 72 S. W. (2d), 545 ; Walker v. Walker, 138 Tenn., 679 , 200 S. W., 825 ; Bradshaw v. Van Valkenburg, 97 Tenn., 316, 322 , 37 S. W., 88 ; and Motley v. Harris, 1 Lea, 577 ; but these cases all involved the doctrine of subrogation, and were expressly decided by the court upon a consideration and application of that doctrine. | 1 | 1937–1937 |
Walker v. Walker
green
2 sentences1937In appellant’s brief much reliance seems to be placed upon the Tennessee cases of Old National Bank v. Swearingen, 167 Tenn., 529, 536 , 72 S. W. (2d), 545 ; Walker v. Walker, 138 Tenn., 679 , 200 S. W., 825 ; Bradshaw v. Van Valkenburg, 97 Tenn., 316, 322 , 37 S. W., 88 ; and Motley v. Harris, 1 Lea, 577 ; but these cases all involved the doctrine of subrogation, and were expressly decided by the court upon a consideration and application of that doctrine. 1937In appellant’s brief much reliance seems to be placed upon the Tennessee cases of Old National Bank v. Swearingen, 167 Tenn., 529, 536 , 72 S. W. (2d), 545 ; Walker v. Walker, 138 Tenn., 679 , 200 S. W., 825 ; Bradshaw v. Van Valkenburg, 97 Tenn., 316, 322 , 37 S. W., 88 ; and Motley v. Harris, 1 Lea, 577 ; but these cases all involved the doctrine of subrogation, and were expressly decided by the court upon a consideration and application of that doctrine. | 1 | 1937–1937 |
Old Nat. Bank v. Swearingen
green
2 sentences1937In appellant’s brief much reliance seems to be placed upon the Tennessee cases of Old National Bank v. Swearingen, 167 Tenn., 529, 536 , 72 S. W. (2d), 545 ; Walker v. Walker, 138 Tenn., 679 , 200 S. W., 825 ; Bradshaw v. Van Valkenburg, 97 Tenn., 316, 322 , 37 S. W., 88 ; and Motley v. Harris, 1 Lea, 577 ; but these cases all involved the doctrine of subrogation, and were expressly decided by the court upon a consideration and application of that doctrine. 1937In appellant’s brief much reliance seems to be placed upon the Tennessee cases of Old National Bank v. Swearingen, 167 Tenn., 529, 536 , 72 S. W. (2d), 545 ; Walker v. Walker, 138 Tenn., 679 , 200 S. W., 825 ; Bradshaw v. Van Valkenburg, 97 Tenn., 316, 322 , 37 S. W., 88 ; and Motley v. Harris, 1 Lea, 577 ; but these cases all involved the doctrine of subrogation, and were expressly decided by the court upon a consideration and application of that doctrine. | 1 | 1937–1937 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.