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

8 Arkansas opinions name it 2 courts 2003–2022 2 in the last five years

The cases below were cited by Arkansas 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 (1)

CaseFollowedCited
Ryder v. State Farm Mutual Automobile Insurancegreen
ark · 2007 · cited in 3 Arkansas opinions naming this issue, 2008–2011
2 sentences

2008Although CHIP's first point on appeal is whether the circuit court erred in denying CHIP's objection to the settlement, the critical issue in this case is whether the made-whole doctrine applies to claims made under section 23-79-510; therefore, that is where we begin our analysis. *702 In Ryder v. State Farm Mutual Automobile Insurance Co., 371 Ark. 508 , 268 S.W.3d 298 (2007), this court discussed the made-whole doctrine and the right to subrogation.

2008Although CHIP's first point on appeal is whether the circuit court erred in denying CHIP's objection to the settlement, the critical issue in this case is whether the made-whole doctrine applies to claims made under section 23-79-510; therefore, that is where we begin our analysis. *702 In Ryder v. State Farm Mutual Automobile Insurance Co., 371 Ark. 508 , 268 S.W.3d 298 (2007), this court discussed the made-whole doctrine and the right to subrogation.

13

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
General Accident Insurance Co. of America v. Jaynes green
ark · 2000
2 sentences

2008In General Accident Insurance Co. of America v. Jaynes, 343 Ark. 143 , 33 S.W.3d 161 (2000), we held that the made-whole doctrine applied to statutory rights of subrogation provided under Workers’ Compensation statutes.

2008In General Accident Insurance Co. of America v. Jaynes, 343 Ark. 143 , 33 S.W.3d 161 (2000), we held that the made-whole doctrine applied to statutory rights of subrogation provided under Workers’ Compensation statutes.

42003–2008
Liberty Mutual Insurance Company v. Charlie Youngblood green
arkctapp · 2020
2 sentences

2022App. 398 , 609 S.W.3d 468 . 12 going to a made-whole hearing did not amount to controversion, Youngblood incurred legal expenses defending his settlement award in a made-whole hearing.” Appellants’ claim that it was entitled to, based upon its subrogation interest, the moneys received from the third-party settlement, along with its claim that it overpaid PPD benefits, was an attempt to recoup funds already paid to appellee in the workers’-compensation case.

2022App. 398 , 609 S.W.3d 468 . 12 going to a made-whole hearing did not amount to controversion, Youngblood incurred legal expenses defending his settlement award in a made-whole hearing.” Appellants’ claim that it was entitled to, based upon its subrogation interest, the moneys received from the third-party settlement, along with its claim that it overpaid PPD benefits, was an attempt to recoup funds already paid to appellee in the workers’-compensation case.

22022–2022
Arkansas Department of Human Services v. Estate of Ferrel green
ark · 1999
2 sentences

2008Significantly, this court stated that DHS was not a private insurance company, but rather “a state agency statutorily charged with the responsibility to administer the federal Medicaid program.” Ferrel, 336 Ark. at 303 , 984 S.W.2d at 808-09 .

2008Significantly, this court stated that DHS was not a private insurance company, but rather “a state agency statutorily charged with the responsibility to administer the federal Medicaid program.” Ferrel, 336 Ark. at 303 , 984 S.W.2d at 808-09 .

22008–2008
Harvest Foods v. Washam green
arkctapp · 1996
1 sentence

2020Harvest Foods v. Washam, 52 Ark.

12020–2020
Southern Farm Bureau Casualty Insurance v. Tallant green
ark · 2005
2 sentences

2011Tallant, 362 Ark. at 24 , 207 S.W.3d at 472 .

2011Tallant, 362 Ark. at 24 , 207 S.W.3d at 472 .

12011–2011
Franklin v. Healthsource of Arkansas green
ark · 1997
2 sentences

2007In Franklin v. Healthsource of Arkansas, 328 Ark. 163 , 942 S.W.2d 837 (1997), this court expanded the use of the made-whole doctrine and held that an insurer is not entitled to subrogation unless the insured has been fully made whole, regardless of whether the insurance contract between the insurer and insured expressly gave the insurer a right of subrogation for benefits paid.

2007In Franklin v. Healthsource of Arkansas, 328 Ark. 163 , 942 S.W.2d 837 (1997), this court expanded the use of the made-whole doctrine and held that an insurer is not entitled to subrogation unless the insured has been fully made whole, regardless of whether the insurance contract between the insurer and insured expressly gave the insurer a right of subrogation for benefits paid.

12007–2007
Potter v. City of Tontitown green
ark · 2007
2 sentences

2007It is well settled that this court will not read into a statute a provision that was not included by the General Assembly, see Potter v. City of Tontitown, 371 Ark. 200 , 264 S.W.3d 473 (2007), and this court will not construe a statute to yield an absurd result.

2007It is well settled that this court will not read into a statute a provision that was not included by the General Assembly, see Potter v. City of Tontitown, 371 Ark. 200 , 264 S.W.3d 473 (2007), and this court will not construe a statute to yield an absurd result.

12007–2007

Statutes the citing opinions construe

AR § Ark. Code Ann. § 11-9-410 (4) AR § Ark. Code Ann. § 23-89-207 (4) AR § Ark. Code Ann. § 11-9-715 (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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