Cited by

Opinions in Minnesota that cite Westendorf Ex Rel. Westendorf v. Stasson, 330 N.W.2d 699.

56 citing documents.

Gaddisee Gemeda Bedasso, Appellant, Minn. Ct. App. 2019
for the proposition that she “has the right to deduct [her co-pa yments] before [the] collateral source deduction applies.” No reading of Westendorf, which neither explicitly nor implicitly involved the collateral-source statute, 5 supports the proposition.
O'Brien & Wolf, LLP v. S. Cent. Minn. Elec. Workers' Family Health Plan 923 N.W.2d 310 Minn. Ct. App. 2018
O'Brien & Wolf, LLP v. S. Cent. Minn. Elec. Workers' Family Health Plan 923 N.W.2d 310 Minn. Ct. App. 2018
The doctrine was established as a matter of equity in Westendorf by Westendorf v. Stasson , , 703 (Minn. 1983) (holding that equity requires subrogation only after the injured person's judgment is large enough to cover all his damages not paid by insurance proceeds under "the full recovery rule" unless the insurance agreement states clearly that the insurer "is to be reimbursed even if its member recovers le
Linda King, Appellant, Minn. Ct. App. 2017
Generally, without clear cont ractual terms stating otherwise, subrogation “will be denied prior to full recovery.”
Melrose Gates, LLC v. Chor Moua 875 N.W.2d 814 Minn. 2016
Melrose Gates, LLC v. Chor Moua 875 N.W.2d 814 Minn. 2016
David Kroona v. Frank Dunbar, Padun GV, LLC 868 N.W.2d 728 Minn. Ct. App. 2015
David Kroona v. Frank Dunbar, Padun GV, LLC 868 N.W.2d 728 Minn. Ct. App. 2015
“[T]he general rule is that subrogation, whether arising from equity or contract, will be denied prior to full recovery.”
Scheibel v. Illinois Farmers Insurance Co. 615 N.W.2d 34 Minn. 2000
Scheibel v. Illinois Farmers Insurance Co. 615 N.W.2d 34 Minn. 2000
703 n. 2 (Minn.1983) (citing Pfeffer, Milbank Mut.
Commercial Union Insurance Co. v. Minnesota School Board Ass'n 600 N.W.2d 475 Minn. Ct. App. 1999
Commercial Union Insurance Co. v. Minnesota School Board Ass'n 600 N.W.2d 475 Minn. Ct. App. 1999
Equitable subrogation is derived from common law and places “the charge where it ought to rest, by compelling the payment of the debt by him who ought in equity to pay it.” (quotation omitted).
Giacomino v. Tri-State Ins. Co. 595 N.W.2d 530 Minn. Ct. App. 1999
Giacomino v. Tri-State Ins. Co. 595 N.W.2d 530 Minn. Ct. App. 1999
Medica, Inc. v. Atlantic Mutual Insurance Co. 566 N.W.2d 74 Minn. 1997
Medica, Inc. v. Atlantic Mutual Insurance Co. 566 N.W.2d 74 Minn. 1997
Equitable subrogation is a product of common law and its purpose is “to place the charge where it ought to rest, by compelling the payment of the debt by him who ought in equity to pay it.” (quoting Northern Trust Co. v. Consolidated Elevator Co., 142 Minn. 132, 138 , 171 N.W.
Medica, Inc. v. Atlantic Mutual Insurance Co. 550 N.W.2d 635 Minn. Ct. App. 1996
Medica, Inc. v. Atlantic Mutual Insurance Co. 550 N.W.2d 635 Minn. Ct. App. 1996
Allstate Insurance Co. v. R.S.I. Restoration Services, Inc. 551 N.W.2d 738 Minn. Ct. App. 1996
Allstate Insurance Co. v. R.S.I. Restoration Services, Inc. 551 N.W.2d 738 Minn. Ct. App. 1996
(explaining conventional subrogation).
Time Insurance Co. v. Opus Corp. 519 N.W.2d 470 Minn. Ct. App. 1994
Time Insurance Co. v. Opus Corp. 519 N.W.2d 470 Minn. Ct. App. 1994
Blue Cross/Blue Shield of Rhode Island v. Flam 509 N.W.2d 393 Minn. Ct. App. 1993
Blue Cross/Blue Shield of Rhode Island v. Flam 509 N.W.2d 393 Minn. Ct. App. 1993
In effect, that because of that preemption courts must interpret the contract before it based on federal common law; and that application of federal common law in this case results in recovery by BCBS under its subrogation rights.
Group Health, Inc. v. Heuer 499 N.W.2d 526 Minn. Ct. App. 1993
Group Health, Inc. v. Heuer 499 N.W.2d 526 Minn. Ct. App. 1993
Hershey v. Physicians Health Plan of Minnesota, Inc. 498 N.W.2d 519 Minn. Ct. App. 1993
Hershey v. Physicians Health Plan of Minnesota, Inc. 498 N.W.2d 519 Minn. Ct. App. 1993
Share Health Plan, Inc. v. Marcotte 495 N.W.2d 1 Minn. Ct. App. 1993
Share Health Plan, Inc. v. Marcotte 495 N.W.2d 1 Minn. Ct. App. 1993
Hewitt v. Apollo Group 490 N.W.2d 898 Minn. Ct. App. 1992
Hewitt v. Apollo Group 490 N.W.2d 898 Minn. Ct. App. 1992
Rowe v. St. Paul Ramsey Medical Center 472 N.W.2d 640 Minn. 1991
Rowe v. St. Paul Ramsey Medical Center 472 N.W.2d 640 Minn. 1991
IOWA NAT. MUT. INS. v. Liberty Mut. Ins. 464 N.W.2d 564 Minn. Ct. App. 1990
Iowa National Mutual Insurance Co. v. Liberty Mutual Insurance Co. 464 N.W.2d 564 Minn. Ct. App. 1990
IOWA NAT. MUT. INS. v. Liberty Mut. Ins. 464 N.W.2d 564 Minn. Ct. App. 1990
Iowa National Mutual Insurance Co. v. Liberty Mutual Insurance Co. 464 N.W.2d 564 Minn. Ct. App. 1990
Weber v. Sentry Insurance 442 N.W.2d 164 Minn. Ct. App. 1989
Weber v. Sentry Insurance 442 N.W.2d 164 Minn. Ct. App. 1989
Badger Equipment Co. v. Brennan 431 N.W.2d 900 Minn. Ct. App. 1988
Badger Equipment Co. v. Brennan 431 N.W.2d 900 Minn. Ct. App. 1988
Tierney v. American Group Benefit Services, Inc. 406 N.W.2d 579 Minn. Ct. App. 1987
Tierney v. American Group Benefit Services, Inc. 406 N.W.2d 579 Minn. Ct. App. 1987
Regie De L'Assurance Automobile Du Quebec v. Jensen 389 N.W.2d 537 Minn. Ct. App. 1986
Regie De L'Assurance Automobile Du Quebec v. Jensen 389 N.W.2d 537 Minn. Ct. App. 1986
(subrogation denied to health maintenance organization because full recovery had not been achieved).
Allum v. MedCenter Health Care, Inc. 371 N.W.2d 557 Minn. Ct. App. 1985
Allum v. MedCenter Health Care, Inc. 371 N.W.2d 557 Minn. Ct. App. 1985
as supporting their contention.
Pavel v. Norseman Motorcycle Club, Inc. 362 N.W.2d 5 Minn. Ct. App. 1985
Pavel v. Norseman Motorcycle Club, Inc. 362 N.W.2d 5 Minn. Ct. App. 1985