Monthly Archives: May 2012

Good, Bad or Ambivalence: The Litigation Detour of Judicial Reference under California Law

Property subrogation cases that proceed against developers and seller-builders of homes are suddenly apt to being diverted from judicially engaged litigation into the province of Judicial Reference pursuant to California Code of Civil Procedure Section 638. In essence, this Code

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Insurer’s Right to Contractual Subrogation Trumps Equitable Made-Whole Doctrine Yet Again in Texas

In Fortis Benefits v. Cantu, 234 S.W.3d 642 (Tex.2007), the Texas Supreme Court held that the “made whole” doctrine does not apply where the parties’ agreed contract provides a clear and specific right of subrogation. Despite this ruling, the Austin

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