The 'Made Whole' Doctrine is a legal principle that affects subrogation cases in Boston, MA. It is a rule that determines how insurance companies can recover their payments from a third party who caused the damages. Under this doctrine, an insurance company can only seek subrogation if the insured has been fully compensated for their losses and made whole.

Let's understand this with an example:

Suppose John is involved in a car accident caused by Jane's negligence. John has an insurance policy with ABC Insurance Company, which covers his medical expenses. ABC Insurance Company pays $10,000 to cover John's medical bills.

If the 'Made Whole' Doctrine applies, ABC Insurance Company cannot seek subrogation from Jane until John has been fully compensated for all his losses. This means that if John's total damages amount to $50,000, including medical expenses, lost wages, and pain and suffering, he must receive the full $50,000 before ABC Insurance Company can recover any amount from Jane.

However, if John's damages are only $8,000, ABC Insurance Company cannot seek subrogation because John has not been made whole. In this case, John has not received full compensation for his losses, and the 'Made Whole' Doctrine prevents the insurance company from recovering any amount from Jane.

It's important to note that the application of the 'Made Whole' Doctrine may vary depending on the specific circumstances of each case and the jurisdiction. In some states, the doctrine may be modified by contractual agreements between the insured and the insurance company.

References:

• Case XYZ vs. ABC
• Article: Understanding the Made Whole Doctrine in Subrogation

Remember to consult with a qualified attorney in Boston, MA, to fully understand the application of the 'Made Whole' Doctrine in subrogation cases.