What you don’t know can’t help you. That is certainly the case in Iowa when plaintiff’s attorneys claim no obligation to reimburse a carrier exists based on a general assertion that the insured was not made whole.
This objection overlooks the proper application of the made-whole doctrine to specific damage types as required under Iowa Law.
This article deals with application of the made-whole doctrine under Iowa law when an insured sustains both personal injury and property damages as a result of an accident.
An insured need not be paid in full for pain and suffering and disability prior to allowing subrogation for medical expenses.
The made-whole doctrine is an equitable defense which precludes subrogation in circumstances where the insured has not been fully compensated following a loss for which insurance benefits were paid.