made whole doctrine (Tennessee) · Go Syfert
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made whole doctrine in Tennessee

13 Tennessee opinions name it 2 courts 1999–2011 0 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.

Followed or applied (8)

CaseFollowedCited
York v. Sevier County Ambulance Authoritygreen
tenn · 1999 · cited in 9 Tennessee opinions naming this issue, 2000–2011
2 sentences

2007In York , we held that the made-whole doctrine also applies to an insurer’s right of reimbursement because “a right to reimbursement raises many of the same equitable issues involved in subrogation.” 8 S.W.3d at 620 .

2006The Tennessee Supreme Court reversed the decision of this Court, finding that its decision in York v. Sevier County Ambulance Authority, 8 S.W.3d 616 (Tenn. 1999) was applicable and that the made whole doctrine applied in this case.

39
Blankenship v. Estate of Baingreen
tenn · 1999 · cited in 4 Tennessee opinions naming this issue, 2000–2011
2 sentences

2005Taylor commenced a cause of action, intending to hold the matter for trial pending the Tennessee Supreme Court’s holding in Blankenship v. Estate of Bain, 5 S.W.3d 647 (Tenn. 1999) regarding the applicability of the made whole doctrine to TennCare.2 Id.

2005Taylor commenced a cause of action, intending to hold the matter for trial pending the Tennessee Supreme Court’s holding in Blankenship v. Estate of Bain, 5 S.W.3d 647 (Tenn. 1999) regarding the applicability of the made whole doctrine to TennCare.2 Id.

24
Eastwood v. Glens Falls Insurance Co.green
tenn · 1983 · cited in 4 Tennessee opinions naming this issue, 2001–2006
2 sentences

2006Id. at 158. *735 Since Eastwood , we have decided two additional cases regarding the made-whole doctrine: York v. Sevier County Ambulance Auth., 8 S.W.3d 616 (Tenn.1999) and Health Cost Controls, Inc. v. Gifford, 108 S.W.3d 227 (Tenn.2003).

2001The Tennessee Supreme Court addressed the relationship between the made whole doctrine as stated in Wimberly and an insurer’s right to subrogation in Eastwood v. Glens Falls Insurance Co., 646 S.W.2d 156 (Tenn. 1983).

14
Franklin v. Healthsource of Arkansasgreen
ark · 1997 · cited in 1 Tennessee opinions naming this issue, 2011–2011
1 sentence

2011J UR. 2d Insurance § 1777 (2003) (footnote omitted); see Franklin v. Healthsource of Ark., 942 S.W.2d 837 , 839- 40 (Ark. 1997); York v. Sevier County Ambulance Auth., 8 S.W.3d 616, 619-21 (Tenn. 1999); Blankenship v. Estate of Bain, 5 S.W.3d 647, 650-51 (Tenn. 1999).

11
Abbott v. Blount Countygreen
tenn · 2006 · cited in 1 Tennessee opinions naming this issue, 2007–2007
1 sentence

2007In our recent decision of Abbott v. Blount County, 207 S.W.3d 732, 735 (Tenn.2006), we reiterated that “[wjhether an insured has been made whole is a matter of fact” and explained that the insured has the burden of proving that the insured has not been made whole.

11
Riggs v. Bursongreen
tenn · 1997 · cited in 1 Tennessee opinions naming this issue, 1999–1999
1 sentence

1999See, e.g., Riggs, 941 S.W.2d at 54 .

11
Hare v. Stategreen
miss · 1999 · cited in 1 Tennessee opinions naming this issue, 1999–1999
1 sentence

1999Powell v. Blue Cross & Blue Shield, 581 So.2d 772, 777 (Ala.1990) (emphasis add *620 ed); see also Hare v. State, 733 So.2d 277, 284 (Miss.1999) (stating that “this Court adopts the made whole rule and holds that it is not to be overridden by contract language, because the intent of subrogation is to prevent a double recovery by the insured”).

11
Powell v. Blue Cross and Blue Shieldgreen
ala · 1990 · cited in 1 Tennessee opinions naming this issue, 1999–1999
1 sentence

1999Powell v. Blue Cross & Blue Shield, 581 So.2d 772, 777 (Ala.1990) (emphasis add *620 ed); see also Hare v. State, 733 So.2d 277, 284 (Miss.1999) (stating that “this Court adopts the made whole rule and holds that it is not to be overridden by contract language, because the intent of subrogation is to prevent a double recovery by the insured”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Health Cost Controls, Inc. v. Gifford green
tenn · 2003
2 sentences

2006Id. at 158. *735 Since Eastwood , we have decided two additional cases regarding the made-whole doctrine: York v. Sevier County Ambulance Auth., 8 S.W.3d 616 (Tenn.1999) and Health Cost Controls, Inc. v. Gifford, 108 S.W.3d 227 (Tenn.2003).

2001Since Eastwood, we have decided two additional cases regarding the made-whole doctrine: York v. Sevier County Ambulance Auth., 8 S.W.3d 616 (Tenn. 1999) and Health Cost Controls, Inc. v. Gifford, 108 S.W.3d 227 (Tenn. 2003).

22001–2006
South Central Arkansas Electric Cooperative v. Buck green
ark · 2003
1 sentence

2011In this case, Nationwide asks us to apply the made-whole doctrine as employed in South Central Arkansas Electric Company v. Buck, supra. In Buck, the made-whole doctrine was applied in the context of a worker’s compensation subrogation claim.

12011–2011
Wimberly v. American Casualty Co. of Reading green
tenn · 1979
1 sentence

2007Analysis We first discussed the made-whole doctrine in Wimberly v. American Casualty Co. of Reading, Pennsylvania, 584 S.W.2d 200 (Tenn.1979).

12007–2007
Overstreet v. Shoney's, Inc. green
tennctapp · 1999
1 sentence

2007Accordingly, we conclude that for purposes of the made-whole doctrine it is sufficient for an injured party to present evidence of non-economic damages that is “as certain as the nature of the case permits” and that “enable[s] the trier of fact to make a fair and reasonable assessment of the damages.” Overstreet, 4 S.W.3d at 703 .

12007–2007
Alcazar v. Hayes green
tenn · 1998
1 sentence

2002The public policy of this state is “found in its constitution, statutes, judicial decisions and applicable rules of common law.” Alcazar, 982 S.W.2d at 851 (quoting State ex rel.

12002–2002
Castleman v. Ross Engineering, Inc. green
tenn · 1997
1 sentence

2000The second issue in this case is whether the made whole doctrine applies *289 to workers’ compensation cases. 2 This issue is controlled by our decision in Castleman v. Ross Engineering, Inc., 958 S.W.2d 720 (Tenn.1997).

12000–2000

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 71-5-117 (3)

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.

Where else courts name it

WI 19 (1993–2026) TN 13 (1999–2011) MT 12 (2002–2025) WV 9 (1996–2016) AR 8 (2003–2022) WA 6 (2010–2021) MS 5 (2000–2015) TX 5 (2005–2017) UT 4 (2008–2018) CA 4 (2005–2012) PA 3 (2011–2016) FL 2 (2004–2005) AL 2 (2003–2012) OH 2 (2002–2003)

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.

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