In recent California cases, the court is engaging in lengthy discussions of the make whole rule. The courts are noting that subrogation has its source in equity and arises by operation of law and that the geenral subrogation provisions of most insurance contracts "add nothing to the rights of subrogation that arise as a matter of law." Courts also notate the fact that "the insurance company may not assert its subrogation claim directly against the third party tortfeasoer on its own behalf."
It is questionable whether trial courts would countenance health insurance insurance carriers intervening in personal injury cases where the make whole rule appeared to defeat the carriers' claims entirely. Only time will tell.