About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

77 S. Cal. L. Rev. 1039 (2003-2004)
Toward Correcting the Misapplication of Subrogation Doctrine in California Healthcare

handle is hein.journals/scal77 and id is 1053 raw text is: NOTES TOWARD CORRECTING THE MISAPPLICATION OF SUBROGATION DOCTRINE IN CALIFORNIA HEALTHCARE STEVEN FLOWER* I. INTRODUCTION A. Two STORIES, ONE PROBLEM Subrogation has been called a sleepy, although significant subject,' and perhaps consequently, many articles treating the topic begin with a prefatory example (either real or abstract) of the potential entanglements it can create.2 In line with this established tradition, this Note begins with two such examples. * Class of 2004, University of Southern California Law School; B.A. Wesleyan University; M. Phil. 1998, University of Cambridge. I thank W. David Slawson for his guidance, Katherine McKnight of the Department of Managed Healthcare for her insight, and Leslie Dumipace for her support. 1. Michael Sean Quinn, Book Review, 74 TEx. L. REV. 1361, 1361 (1996) (reviewing CHARLES MITCHELL, SUBROGATION, RESTITUTION, AND INDEMNITY: THE LAW OF SUBROGATION (1994)). 2. See, e.g., John Dwight Ingram, Priority Between Insurer and Insured in Subrogation Recoveries, 3 CONN. INS. L.J. 105, 105-06 (1996-97); Thomas G. Buchanan III, Case Note, Franklin v. Healthsource of Arkansas: Arkansas Adopts the Made-Whole Doctrine, 51 ARK. L. REV. 773, 773 (1998); Keith E. Edeus, Jr., Comment, Subrogation of Personal Injury Claims: Toward Ending an Inequitable Practice, 17 N. ILL. U. L. REV. 509, 509-10 (1997); Todd L. Fulks, Note, The Made- Whole Doctrine: Its Effects on Tennessee Tort Litigation and Insurance Subrogation Rights, 32 U. MEM. L. REV. 87, 88-90 (2001); Jeffrey A. Greenblatt, Comment, Insurance and Subrogation: When the Pie Isn't Big Enough, Who Eats Last?, 64 U. CHI. L. REV. 1337, 1337 (1997). 1039

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most