Reseña de Cynthia A. Powell and Bruce Powell v. Blue

Cynthia A. Powell and Bruce Powell v. Blue de Supreme Court of Alabama Resumen del Libro

This appeal presents this primary issue: May the insurer/indemnitor, by contract providing for subrogation, claim reimbursement
of its payment to the insured/indemnitee, out of the insured/indemnitee's recovery from the third-party tort-feasor, when
the third-party recovery does not exceed the insured/indemnitee's total loss? The trial court held that the insurer/indemnitor
could so contract and ordered the insured/indemnitee to reimburse the insurer/indemnitor. Because we hold that the right of
subrogation, whether equitable or contractual, does not arise until the plaintiff/insured has been fully compensated for her
loss, we reverse and remand. 1 The facts in this case were stipulated by the parties. Cynthia Powell was permanently injured in an automobile accident.
Blue Cross and Blue Shield of Alabama ("Blue Cross") paid Cynthia's medical expenses of $27,080.26 under the provisions of
a group health insurance policy that covered Cynthia. Cynthia sued the driver of the other automobile involved in the accident,
Joy Jolly, and its owner, Dale Jolly, alleging negligence and wantonness. In an amended complaint, she alleged over $7,000,000
as damages for her injuries. Cynthia Powell, however, settled her claim against the Jollys for the $100,000 limit of the Jollys'
liability insurance policy.

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