Conventional Subrogation

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

• Dade Cnty. Sch. Bd. v. Radio Station Wqba
  731 So. 2d 638· Fla.· 1999-02-04 ·cited 794×
  The Florida Supreme Court reversed the Third District Court of Appeal's decision that allowed Three Kings Parade to recover settlement funds from the Dade County School Board based on equitable subrogation, a doctrine never pled before trial. The court held that equitable subroga
• The Fed. Land Bank of Columbia v. Godwin
  107 Fla. 537· Fla.· 1931-08-07 ·cited 153×
  The Florida Supreme Court reversed an order sustaining a demurrer to a foreclosure bill filed by the Federal Land Bank of Columbia against mortgagors and intervening lienholders. The court held that the bill stated sufficient equity to proceed and clarified the circumstances unde
• Boley v. Daniel
  72 Fla. 121· Fla.· 1916-07-27 ·cited 144×
  Lee Daniel loaned money to Brooks to pay off a first mortgage on property, then took a mortgage on the same property. When a superior mortgagee (Boley) later claimed priority, Daniel sought subrogation to the rights of the first mortgagee he had paid off. The Florida Supreme Cour
• Cont'l Cas. Co. v. Ryan Inc. E.
  974 So. 2d 368· Fla.· 2008-01-24 ·cited 91×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a surety that pays money on behalf of its principal and seeks recovery from the principal's insurer is entitled to attorney's fees under section 627.428 when prevailing in a coverage dispute.
• W. Am. Ins. Co. v. Yellow CAB Co. OF Orlando, Inc.
  495 So. 2d 204· Fla. 5th DCA· 1986-08-28 ·cited 57×
  West American Insurance Company appealed a judgment notwithstanding the verdict (NOV) entered in its contribution action against Yellow Cab. The court reversed, holding that while West American could not recover under the contribution statute because it was not found to be a tort
• E. Nat'l Bank v. Glendale Fed. Sav. & Loan Ass'n
  508 So. 2d 1323· Fla. 3d DCA· 1987-06-23 ·cited 47×
  Eastern National Bank appeals a summary judgment granting Glendale Federal Savings and Loan Association priority over Eastern's mortgage through the doctrine of conventional subrogation. The court affirmed, holding that Glendale, which refinanced a second mortgage held by AmeriFi
• State v. City of Orlando
  126 Fla. 251· Fla.· 1936-11-21 ·cited 45×
  The Florida Supreme Court upheld the validation of two issues of refunding bonds by the City of Orlando totaling approximately $3.2 million, holding that refunding bonds issued under the 1931 General Refunding Act are not subject to the Homestead Tax Exemption Amendment ratified
• Forman v. First Nat'l Bank of Quincy
  76 Fla. 48· Fla.· 1918-06-25 ·cited 44×
  Forman loaned $2,500 to Guyton, taking a mortgage on real estate and advancing funds to pay off prior liens (Burgess mortgage and judgments). The question is whether Forman is entitled to equitable subrogation to the rights of the paid-off creditors against the subsequently-disco
• Brogan v. Ferguson
  131 So. 171· Fla.· 1930-11-26 ·cited 35×
  This case concerns whether a creditor (Brogan) can enforce a right of subrogation against a party (Quinn) who agreed to indemnify the debtor (Ferguson) for mortgage liabilities. The court ultimately reversed its prior decision, holding that Brogan could enforce Ferguson's indemni
• Cont'l Cas. Co. & Emp'rs Surplus Lines Ins. Co. v. Canadian Universal Ins. Co.
  605 F.2d 1340· 5th Cir.· 1979-11-05 ·cited 34×
  The Fifth Circuit held that the insurer who paid the settlement was entitled to recoup a share from the other insurer based on the stipulation and the nature of the liability.
• Intervest Constr. OF JAX, Inc. v. Gen. Fid. Ins. Co.
  133 So. 3d 494· Fla.· 2014-02-06 ·cited 31×
  The Florida Supreme Court resolved two certified questions regarding whether an insured can apply third-party indemnification payments toward a self-insured retention (SIR) in a commercial general liability policy, and whether a transfer of rights clause abrogates the 'made whole
• Meyer v. Florida Home Finders
  90 Fla. 128· Fla.· 1925-07-09 ·cited 26×
  This case concerns a purchaser at a foreclosure sale who sought subrogation after the foreclosure decree was reversed. The court had to determine if a prior pending action for subrogation by another party barred the current purchaser's claim.
• Ind. Ins. Co. v. Collins
  359 So. 2d 916· Fla. 3d DCA· 1978-06-20 ·cited 24×
  Indiana Insurance Company appealed the dismissal of its third-party subrogation complaint filed against various defendants and their insurers in an uninsured/underinsured motorist coverage case. The court reversed, holding that while an insurer's subrogation complaint must follow
• Lovingood v. Butler Constr. Co.
  100 Fla. 1252· Fla.· 1930-11-15 ·cited 23×
  The Florida Supreme Court reversed a lower court decree denying foreclosure of a mortgage and granting a mechanic's lien to a construction company. The Court held that the construction company was not entitled to a mechanic's lien because it neither performed labor nor furnished
• Goodwin v. Schmidt
  149 Fla. 85· Fla.· 1941-12-16 ·cited 20×
  Goodwin sought to enforce a lien under the doctrine of legal subrogation for taxes he paid to obtain a tax deed after the Clerk advised that the underlying tax sale certificates were void due to the municipality's lack of authority to tax the properties. The Florida Supreme Court
• Allstate Life Ins. Co. v. Lovena Weldon
  213 So. 2d 15· Fla. 3d DCA· 1968-07-23 ·cited 18×
  Allstate Life Insurance Co. appealed a judgment awarding $2,800 in credit life insurance proceeds plus attorney's fees to the estate of Virgil Weldon, who died of heart disease shortly after purchasing a car with credit life insurance. The court affirmed the award of insurance pr
• U.S. Bank Nat'l Ass'n v. Lloyd
  981 So. 2d 633· Fla. 2d DCA· 2008-05-21 ·cited 17×
  U.S. Bank obtained a clerk's default and default judgment in a quiet title action after Lloyd failed to serve notice of the default application on the Bank's counsel. The Second District Court of Appeal reversed, holding that Lloyd had actual knowledge the Bank was represented by
• Commercial Standard Ins. Co. v. Am. Emp'rs Ins. Co.
  209 F.2d 60· 6th Cir.· 1954-01-06 ·cited 14×
  An insurer who pays the entire loss under a policy containing an express subrogation clause is entitled to contribution from a co-insurer, even if the payment exceeded its pro rata share, because the payment was not voluntary.
• Dodge v. Kistler
  140 Fla. 209· Fla.· 1939-10-06 ·cited 12×
  The court considered whether a prospective buyer, who paid money to a seller intended for tax payments, could be subrogated to the city's tax lien after the sale failed due to title defects. The court held that subrogation was not appropriate in this situation.
• Aurora Loan Servs. LLC v. Yuri Senchuk
  36 So. 3d 716· Fla. 1st DCA· 2010-04-13 ·cited 10×
  Aurora Loan Services challenged a summary judgment that placed the Barrys' second mortgage ahead of Aurora's refinance mortgage in lien priority. The appellate court reversed, holding that the doctrine of equitable subrogation permits a refinancing lender to step into the positio
• Dixie Nat'l Bank OF Dade Cnty. v. Emp'rs Commercial Union Ins. Co. OF Am.
  463 So. 2d 1147· Fla.· 1985-02-07 ·cited 9×
  The Florida Supreme Court answered certified questions from the Eleventh Circuit regarding whether a fidelity bond insurer can recover from bank directors for negligence in preventing embezzlement. The Court held that a fidelity insurer must establish superior equities to succeed
• Wolf v. Marin Spariosu and Suyapa Baraha Spariosu
  706 So. 2d 881· Fla. 3d DCA· 1998-01-14 ·cited 8×
  The Wolf Group, as assignee of City First Mortgage Corp., sought priority over a materialman's lien filed by Maysonet Landscape Co. The court held that the Wolf Group's mortgage was entitled to priority under the doctrine of conventional subrogation because City First had an expr
• Cap. Nat'l Bank OF Tampa v. Hutchinson
  435 F.2d 46· 5th Cir.· 1970-12-01 ·cited 8×
  The court held that the jury's finding of a novation discharging the original debt was a factual determination that should not have been overturned by a judgment notwithstanding the verdict, and that the bank's claim of equitable subrogation also failed.
• The Shelby Mut. Ins. Co. OF Shelby v. Blanche Birch and her husband
  196 So. 2d 482· Fla. 4th DCA· 1967-03-17 ·cited 8×
• The Marianna Nat'l Farm Loan Ass'n v. Braswell
  95 Fla. 510· Fla.· 1928-03-17 ·cited 7×
  The Florida Supreme Court affirmed dismissal of a foreclosure complaint brought by an endorser of a promissory note seeking subrogation to a mortgage lien. The court held that legal subrogation to mortgage security requires full satisfaction of the entire underlying debt, and an
• Jorski Mill & Elevator Co., Inc. v. Farmers Elevator Mut. Ins. Co.
  404 F.2d 143· 10th Cir.· 1968-10-04 ·cited 6×
  The court held that the plaintiff insurer, having contracted for conventional subrogation as a subsurety, is entitled to full recoupment from the defendant surety, not merely proportionate contribution.
• Columbia Bank v. Turbeville
  143 So. 3d 964· Fla. 1st DCA· 2014-07-07 ·cited 4×
  Columbia Bank sued its former employee Heather Johnson Turbeville to recover funds she withdrew from her grandmother's accounts after being added as a joint account holder and given power of attorney. The trial court dismissed the Bank's claims for equitable subrogation, conversi
• 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
• Am. Universal Ins. Co. v. Chauvin
  329 F.2d 174· 5th Cir.· 1964-03-12 ·cited 4×
  The court held that under Louisiana law, statutory subrogation does not grant an insurer the right to reimbursement from a third party for excess medical costs voluntarily paid beyond the statutory maximum.
• State Farm Mut. Auto. Ins. Co. v. Johnson
  18 So. 3d 1099· Fla. 2d DCA· 2009-02-20 ·cited 2×
  State Farm sued Scott Johnson to recover uninsured motorist benefits it paid to its insured following a 2000 automobile accident. The trial court granted Johnson's summary judgment motion, finding State Farm's claim was barred by the statute of limitations because it sought contr
• Picker Fin. Grp. L.L.C. v. Horizon Bank
  293 B.R. 253· M.D. Fla.· 2003-05-12 ·cited 2×
  A lender who fails to review a UCC-1 search showing an intervening lien is not entitled to equitable subrogation, as Florida law, particularly Boley v. Daniel, still considers constructive notice a bar.
• Universal Title Ins. Co. v. United States
  942 F.2d 1311· 8th Cir.· 1991-08-27 ·cited 2×
  The court held that a title insurer, having failed to discover a properly recorded federal tax lien due to negligence, is not entitled to equitable subrogation under Minnesota law against the government.
• In re the Complaint of The Admiral Towing & Barge Co. v. Seatrain Int'l, S.A.
  767 F.2d 243· 5th Cir.· 1985-08-08 ·cited 2×
  The court held that a bareboat charter validly insulated the owner from liability for the tug's unseaworthiness and that subrogation claims by insurers are barred if the insureds themselves could not assert those claims.
• Dispatch Servs., Inc. v. The Airport Bank OF Miami
  266 So. 2d 127· Fla. 3d DCA· 1972-07-18 ·cited 2×
  An insurer, subrogated to a depositor's rights after paying for losses due to a bank's negligence in cashing forged checks, appeals the dismissal of a complaint seeking recovery of funds wrongfully paid out by the bank.
• Holmes Reg'l Med. Ctr., Inc. v. Allstate Ins. Co.
  225 So. 3d 780· Fla.· 2017-07-13 ·cited 1×
  The Florida Supreme Court held that a party with an unsatisfied judgment cannot assert an equitable subrogation claim against a subsequent tortfeasor without first fully paying the injured party's damages. The Court reversed the Fifth District's decision allowing contingent subro
• Certain Underwriters at Lloyd's London v. Cirsco
  M.D. Fla.· 2025-03-05
  The court held that neither party is entitled to summary judgment because genuine disputes of material fact remain regarding subrogation, breach, and causation.
• Interested Lloyds Underwriters v. DHL Global Forwarding
  S.D. Fla.· 2020-12-22
  Interested Lloyds Underwriters, a group of London-based insurance underwriters, sued Danzas Corporation d/b/a DHL Global Forwarding to recover for damage to a shipment of mayonnaise that was transported at an incorrect temperature during ocean transport, claiming Defendant breach
• Peninsula II Developers, Inc. v. Gryphon Constr., LLC
  208 So. 3d 1239· Fla. 3d DCA· 2017-01-25
• Davis v. Okaloosa Cnty.
  620 So. 2d 1123· Fla. 1st DCA· 1993-07-02
  A Florida employee benefits plan sought to recover medical expenses it paid pursuant to a subrogation clause when the employee settled a tort action in Louisiana. The court reversed summary judgment for the plan, holding that the settlement agreement did not include compensation
• Dietrich Indus., Inc. v. United States
  988 F.2d 568· 5th Cir.· 1993-04-16
  Under Texas law of equitable subrogation, a purchaser of encumbered property who discharges a senior lien as part of the purchase price is entitled to subrogate to the senior lienholder's position of priority over a junior recorded lien.
• Vesta Ins. Co. v. Amoco Prod. Co.
  986 F.2d 981· 5th Cir.· 1993-03-29
  The court held that a party indemnifying another under a contract for services is not automatically considered an "insurer" for subrogation purposes, and that the subrogation clause in an excess insurance policy dictates the apportionment of recoveries.
• S. Pac. Transp. Co. v. Earline Chabert
  973 F.2d 441· 5th Cir.· 1992-09-30
  A subrogor who has been fully compensated for their loss must reimburse the subrogee for payments made, even in a partial conventional subrogation context.
• Inst. OF London Underwriters v. First Horizon Ins. Co.
  972 F.2d 125· 5th Cir.· 1992-09-16
  The court held that the excess carrier's policy unambiguously excluded a duty to defend, and therefore, no duty to contribute to defense costs existed, nor was there a basis for equitable subrogation.
• Fed. Ins. Co. v. Cmty. State Bank
  905 F.2d 112· 5th Cir.· 1990-07-12
  A surety that completes a public works contract after contractor default is subrogated to the rights of unpaid subcontractors and the public owner, which are superior to an assignee bank's rights to the contract retainage.
• Foremost Cnty. Mut. Ins. Co. v. The Home Indem. Co.
  897 F.2d 754· 5th Cir.· 1990-03-21
  The court held that Home's policy covered the insured's liability, but the Stowers doctrine did not apply because the insured suffered no harm due to a covenant not to execute. Subrogation was limited to the policy limit.
• Rittenoure v. City OF Edinburg
  159 F.2d 989· 5th Cir.· 1947-02-12
  The court held that the 1933 decree was not binding on appellants as they were not properly represented in the class action and thus retained their original rights. The court also found that intervenors' expenses should not be paid from the entire sinking fund.