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The 'made whole doctrine' in Wisconsin, also called the Rimes doctrine, prevents subrogation by acting as a 'rule of priority, such that only where an injured party has received an award . . . which pays all of his elements of damages, including those for which he has already been indemnified by an insurer, is there any occasion for subrogation.' Petta v. ABC Ins. Co., 2005 WI 18, P28, 278 Wis. 2d 251, 692 N.W.2d 639 (internal quotation and citation omitted). The collateral source rule has blocked the assertion of subrogation rights even when the insurance policy expressly reserves subrogation rights. See Ruckel v. Gassner, 2002 WI 67, P43, 253 Wis. 2d 280, 646 N.W.2d 11 ('We hold that pursuant to this court's [made whole doctrine cases], an insurer is not entitled to subrogation against its insured unless and until the insured is made whole, regardless of contractual language to the contrary.'). In states with statutes admitting collateral source payments in evidence, subrogation rights are explicitly not protected, and the payor of the collateral source payments (the subrogee) is prohibited from receiving reimbursement.


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