Subrogation Laws in All 50 States - Interactive Map

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Click on your state for a brief summary of that state's laws affecting or impacting subrogation recoveries.

 

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Puerto Rico Subrogation Laws

State Subrogation

YES, equitable and contractual

Because most opinions are written in Spanish, this information came from a rough translation of the opinion through Google. In Integrand Assurance Company v. Codeco, I believe the court recognizes both equitable and contractual subrogation, as well as the theory that the insurer cannot be subrogated if the liable third party is also insured by the insurer. Integrand Assurance v. Codeco, 185 D.P.R. 146, 2012 WL 1292572 (P.R. 2012).

Made Whole Doctrine

YES, can contract around

Coming from the same translated opinion, the court acknowledges the made whole doctrine, and I also believe it holds that contractual provisions can override the doctrine. Integrand Assurance v. Codeco, 185 D.P.R. 146, 2012 WL 1292572 (P.R. 2012)

Common Fund

Has been applied in other context (See e.g. In re Thirteen Appeals Arising Out of San Juan Dupont Plaza Hotel Fire Litigation, 56 F.3d 295 (1st 1995), In re Puerto Rican Cabotage Antitrust Litigation, 815 F. Supp. 2d 448 (D. P. R. 2011)

Collateral Source Rule

Foturama Import. Corp. v. Trans Caribbean, 104 D.P.R. 609 (P.R. 1976) recognizes the existence of the rule and states that when determining whether it applies, the circumstances/context of the particular case must be considered, and the court must distinguish between different types of insurance (case provided no more info than that; rough translation)

Hospital Lien Act

Could not find

Medicaid Statute

Could not find

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