Contractual Subrogation

23 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Allstate Ins. Co. v. Metro. Dade Cnty.
  436 So. 2d 976· Fla. 3d DCA· 1983-08-02 ·cited 51×
  Allstate Insurance Company appealed a summary judgment dismissing its subrogation claim against Metropolitan Dade County on statute of limitations grounds. The Florida District Court of Appeal affirmed, holding that in contractual subrogation actions, the statute of limitations b
• Nat'l Union Fire Ins. Co. OF Pittsburgh v. KPMG Peat Marwick
  742 So. 2d 328· Fla. 3d DCA· 1999-07-28 ·cited 25×
  National Union Fire Insurance Company, as subrogee and assignee of BankAtlantic, sued independent auditor KPMG for professional malpractice in failing to discover losses from fraudulent loans. The trial court dismissed the action, but the appellate court reversed, holding that ac
• Nicholis v. Klonis and Mary E. Klonis
  436 So. 2d 213· Fla. 1st DCA· 1983-06-21 ·cited 23×
  Consolidated American Insurance Co. appealed the dismissal of its complaint against insurance agent Armstrong for failing to obtain a valid Lloyd's policy for the Klonises. The court affirmed the dismissal, holding that Consolidated could not recover from Armstrong because the Kl
• Dominion OF Canada v. State Farm Fire & Cas. Co. & Sally Ruth Johnson
  754 So. 2d 852· Fla. 2d DCA· 2000-04-07 ·cited 15×
  Dominion of Canada, a Canadian insurance company, appealed the dismissal of its subrogation, indemnification, and declaratory relief claims against Sally Ruth Johnson and State Farm Fire and Casualty Company. The court held that while the contractual subrogation claim was time-ba
• Am. Auto. Ins. Co. v. FDH Infrastructure Servs., LLC
  47 Fla. L. Weekly D1930· Fla. 3d DCA· 2023-05-31 ·cited 8×
  This case addresses which statute of limitations applies to subrogation claims stemming from a construction accident. The court determined that the four-year statute for actions founded on the design, planning, or construction of an improvement to real property, rather than the t
• Villa Maria Nursing & Rehab. Ctr., Inc. v. S. Broward Hosp. Dist.
  8 So. 3d 1167· Fla. 4th DCA· 2009-04-08 ·cited 8×
  Villa Maria Nursing Home paid a settlement to a patient injured at its facility and later sued a hospital for equitable subrogation, claiming the hospital's negligence primarily caused the patient's injuries. The trial court granted summary judgment dismissing the case with preju
• Essex Builders Grp., Inc. v. Amerisure Ins.
  429 F. Supp. 2d 1274· M.D. Fla.· 2005-09-21 ·cited 8×
  The court held that the "legally obligated to pay" clause in a CGL policy, when read in conjunction with the definition of "occurrence" and subsequent Florida Supreme Court precedent, can encompass liability arising from contract claims, particularly when the resulting damage was
• Robert E. McKEE Gen. Contractor, Inc. v. Ins. Co. OF N. Am.
  269 F.2d 195· 10th Cir.· 1959-07-28 ·cited 6×
  The trial court's approximation of the amount of loss is sustainable as it falls within allowable limits of the evidence.
• Arch Ins. Co. v. Kubicki Draper, LLP
  46 Fla. L. Weekly S155· Fla. 4th DCA· 2021-07-14 ·cited 4×
  An insurer appealed a summary judgment dismissing its legal malpractice action against counsel hired to represent its insured, claiming lack of standing due to absence of privity. The Florida Supreme Court reversed the Fourth District Court of Appeal's original decision, holding
• Ifrain Monte DE OCA v. State Farm Fire & Cas. Co.
  897 So. 2d 471· Fla. 3d DCA· 2004-12-22 ·cited 4×
  This case involves a dissent arguing that an insured's comparative negligence should not be considered when determining if the insured has been 'made whole' for the purpose of an insurer's subrogation rights, advocating for the return of 100% of deductibles.
• L.D. Stewart and Michael J. Maricle v. Tasnet, Inc.
  718 So. 2d 820· Fla. 2d DCA· 1998-04-15 ·cited 4×
  The court affirmed the summary judgment for defendants but reversed the award of attorneys' fees under section 57.105(2), remanding for consideration of fees under section 768.79.
• W. Am. Ins. Co. v. Best Prods. Co., Inc.
  541 So. 2d 1302· Fla. 4th DCA· 1989-04-12 ·cited 4×
  An insurer pursuing a contribution claim under Florida Statute § 768.31 stands in the shoes of its insured and must commence the action within one year after the judgment becomes final, the same deadline that applies to the insured tortfeasor.
• Transamerica Ins. Co. v. Barnett Bank OF Marion Cnty., N.A.
  524 So. 2d 439· Fla. 5th DCA· 1988-03-24 ·cited 4×
  Transamerica Insurance Company (surety) appealed a summary judgment in favor of Barnett Bank of Marion County regarding priority claims to earned but unpaid construction contract payments when a contractor defaults. The Fifth District Court of Appeal held that a financing bank's
• Hartford Accident & Indem. Co. v. Oceancarrier Shipholding OF Belgium N.V. & ABC Container Lines N.V.
  799 F.2d 1093· 5th Cir.· 1986-09-22 ·cited 4×
  The court held that the vessel owner was liable for the longshoreman's injury due to the crew's negligence in closing the hatch cover, and the apportionment of fault was not clearly erroneous.
• Humana Med. Plan, Inc. v. W. Heritage Ins. Co.
  880 F.3d 1284· 11th Cir.· 2018-01-25 ·cited 2×
  The dissenting opinion argues that Medicare Advantage Organizations (MAOs) do not have a private cause of action under the Medicare Secondary Payer Act (MSP Act) to recover double damages from liability insurers. The dissent contends that the statutory text and policy behind the
• Vlaho Bruer v. The Sanford Atl. Nat'l Bank
  247 So. 2d 764· Fla. 4th DCA· 1971-05-14 ·cited 2×
  An indorser subrogated to a secured party's rights under UCC section 9-504(5) is not equitably estopped from asserting those rights absent proof that the prior secured party's delay in filing its financing statement was induced by reliance on conduct or omission of the indorser o
• Travelers Cas. & Sur. Co. OF Am. v. Blackbaud, Inc.
  Del.· 2026-02-13
  Insurance companies sued Blackbaud as subrogees/assignees of clients harmed by a ransomware attack, seeking to recover investigation and remediation expenses they paid out under cyber insurance policies. The Delaware Supreme Court reversed dismissal of the breach of contract clai
• Gemini Ins. Co. v. Zurich Am. Ins. Co.
  119 F.4th 1296· 11th Cir.· 2024-10-23
  The Eleventh Circuit held that Gemini's 'other insurance' clause is excess to Zurich's, reversing the district court's pro rata allocation and remanding for a $1,000,000 judgment for Gemini. The court also affirmed the award of prejudgment interest on the first $500,000 and direc
• S. Gardens Citrus Processing Corp. v. S. Owners Ins. Co.
  M.D. Fla.· 2023-06-09
  The court held that SOIC's contingent claims for indemnity and subrogation against Langley were not premature and were sufficiently alleged, but the third-party complaint was dismissed without prejudice for failing to explicitly link claims to contractual subrogation language.
• Gemini Ins. Co. v. Zurich Am. Ins. Co.
  M.D. Fla.· 2022-08-22
  Where two insurance policies contain mutually repugnant excess 'other insurance' clauses, Florida law requires apportionment of liability on a pro rata basis according to policy limits.
• Peninsula II Developers, Inc. v. Gryphon Constr., LLC
  208 So. 3d 1239· Fla. 3d DCA· 2017-01-25
• State Nat'l v. Michael
  15th Cir. Ct. App. Div.· 2010-10-21
  State National Insurance Company appealed the trial court's dismissal of its equitable subrogation claim against Victor Michael, arguing it adequately pleaded the cause of action despite a four-year statute of limitations argument. The appellate court reversed, holding that the s
• OSS v. United Servs. Auto. Ass'n
  807 F.2d 457· 5th Cir.· 1987-01-08
  An insured's refusal to subrogate an insurer to rights against a third-party tortfeasor is justified if the insured has recovered less than total damages, even with the insurer's payment, and the tortfeasor has no further assets.