About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

74 Tex. L. Rev. 1361 (1995-1996)
Review Essay

handle is hein.journals/tlr74 and id is 1381 raw text is: Review Essay

Subrogation, Restitution, and Indemnity
THE LAW OF SUBROGATION. By Charles Mitchell.t Oxford: Oxford
University Press, 1994. Pp. xxviii, 192. $90.00.*
Reviewed by Michael Sean Quinn*
Subrogation is a sleepy, although significant, subject. There now is
(and has been for many years) a steady flow of dull, relatively fact-specific
judicial opinions on the subject. Often they repeat general principles, and
only a few blaze new trails. There are some differences in the law of sub-
rogation from state to state, but the fundamentals are clear enough and
relatively stable. Despite its unremarkable position in the judicial and
academic literature, however, subrogation has recently come alive, or, at
least, it has come into public view-big time. Several states have sued
tobacco companies for medical payments that state insurance funds have
made for the care of persons made ill by smoking.' The basic theory of
recovery in these high-profile, multi-million dollar cases is subrogation.
Hence, a contemporary systematic treatise on the subject would be timely.
Charles Mitchell's book, The Law of Subrogation, looks promising.
It is a tersely written and .ostensibly tightly reasoned essay in applied
analytic jurisprudence. It attempts to rationalize the law of subrogation by
classifying it unequivocally as a species of the genus restitution. Mitchell
suggests that subrogation not only has its historical roots in the tradition of
restitution, but is through-and-through, without exception, a type of restitu-
t Lecturer in Law, University College, University of London. Ph.D. 1993, University of London.
* Hereinafter cited by page number only.
* Visiting Professor of Law, University of Texas at Austin, 1995-1997. B.A. 1965, University
of Texas; M.A. 1968, University of Pittsburgh; Ph.D. 1972, University of Pittsburgh; LD. 1980,
University of Missouri at Kansas City. Professor Quinn worked on industrial property insurance
subrogation cases for several years.
1. E.g., Tobacco Companies Seek SummaryJudgmentin Texas Preemptive Suit, MEALEY's Lri.
REP.: TOBACCO, Mar. 21, 1996, at 21; Tobacco Industry Documents from 1994 Recently Filed with
Mississippi Court, MEALEY'S LITIG. REP.: TOBACCO, Mar. 7, 1996, at 9; Health Insurer Has No
Standing in Minnesota Suit, Tobacco Industry Argues to High Court, MEALEY's LmG. REP.: INS.,
Nov. 20, 1995, at 14.


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.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most