For years, trial lawyers have been threatening and filing class action lawsuits in multiple states in an effort to thwart their arch nemesis -- subrogation.

States such as Montana have gone so far as to hold that it is the burden of the subrogated insurance company to determine and prove that its insured has been fully made whole before it can take any action toward recovering its subrogated insurance payments.

A growing list of states such as Montana, Washington, Arkansas, and New York have seen class action and bad faith lawsuits filed simply because an insurance company made a subrogation demand or took some efforts to recover its subrogated interest before it was established that its insured had been made whole for all of its damages.

Trial lawyers in other states have undertaken efforts to flip those state into anti-subrogation paradises by attempting the same thing. Connecticut is one such state.

Connecticut is a state in which, until recently, the Made Whole Doctrine had not been applied outside the context of a bankruptcy proceeding in Connecticut.