Topic: there is nothing discretionary about this statute; a carrie… · Go Syfert
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Topic #17641

7 canonical passages across 7 cases, quoted by 23 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Texas Mutual Insurance Co. v. Ledbetter.

#Case FlagCanonical passage Citers
1 Texas Mutual Insurance Co. v. Ledbetter Anchor
tex · 2008
green “there is nothing discretionary about this statute; a carrier's right to reimbursement is mandatory.” 5
2 Erivas v. State Farm Mutual Automobile Insurance Co.
texapp · 2004
green “we find that the plain meaning of section 417.001 creates a right of subrogation against a third party who is or becomes liable to pay damages, including an employer's uim insurance carrier found liable to pay damages.” 3
3 Texas Workers' Compensation Insurance Fund v. Travis
texapp · 1995
green “the trial court had no discretion to ignore the wording of the statute and apportion the settlement funds between the claimants before reimbursing the carrier.” 3
4 Liberty Mutual v. Kinser
texapp · 2002
green “a workers' compensation carrier does not have a subrogation right to benefits paid an injured employee under the employee's uim coverage.” 3
5 Performance Insurance Co. v. Frans
texapp · 1995
green “the trial court had no discretion to ignore the wording of the statute and apportion the settlement funds between the claimants before reimbursing the carrier.” 3
6 Texas Workers' Compensation Insurance Facility v. Aetna Casualty & Surety Co.
texapp · 1999
green “the language of the subrogation statute does not expressly limit the carrier's rights to claims against third-party tortfeasors. clearly, it would have been easy to do so.” 3
7 Baker v. Argonaut Insurance Co.
texapp · 2000
green “when the attorney has represented the insurance company's interests,” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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