Equitable Assignment

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

• QBE Specialty Ins. Co. v. United Reconstr. Grp., Inc.
  325 So. 3d 57· Fla. 4th DCA· 2021-07-21 ·cited 7×
  QBE Specialty Insurance Company appeals a county court's grant of summary judgment in favor of United Reconstruction Group, Inc., which claimed QBE breached an insurance policy's loss payment provision by failing to remit proceeds to United as the assignee under an assignment of
• Newman v. Greene
  92 Fla. 684· Fla.· 1926-08-21 ·cited 7×
  This case involves an appeal from a lower court's dismissal of a mortgage foreclosure suit. The appellate court affirmed the dismissal, finding insufficient proof that the assignee of the mortgage was entitled to foreclose for advances made prior to the assignment.
• Meredith v. Rockwell Int'l Corp.
  826 F.2d 463· 6th Cir.· 1987-08-17 ·cited 6×
  The court held that the parent corporation did not assume the subsidiary's employment contract, and the employee's employment with the parent was at-will.
• Angeles Real Est. Co. v. Kerxton
  737 F.2d 416· 4th Cir.· 1984-06-20 ·cited 6×
  The court held that an assignment of a portion of a note's proceeds, even if not recorded, creates a legal or equitable interest superior to a bankruptcy trustee's lien creditor status under Maryland law.
• In re Gebco Inv. Corp.
  641 F.2d 143· 3d Cir.· 1981-02-18 ·cited 6×
  A subcontractor can recover undisbursed construction funds as a third-party beneficiary, equitable assignee, or to prevent unjust enrichment, even against the owner's bankruptcy trustee.
• A. v. Falcone and R. K. Millstein
  235 F.2d 860· D.C. Cir.· 1956-07-05 ·cited 6×
  Attorneys with a contingent fee agreement have an equitable lien on a judgment and may sue in their own name to enforce it if the client refuses to do so.
• Melvin Yonack in Bankruptcy of James Lester Pallett and Ruby Jewell Pallett v. Interstate Sec. Co. of Tex.
  217 F.2d 649· 5th Cir.· 1954-12-22 ·cited 6×
  The court held that the claimant, having paid off a lien holder without being a volunteer and at the request of interested parties, was entitled to subrogation to the lien holder's rights, even though the lien was technically released rather than assigned.
• Nicholson v. Weaver
  194 F.2d 804· 9th Cir.· 1952-02-27 ·cited 6×
  The court held that the defendant's leasehold and option interest in the condemned property was a compensable right that entitled him to a share of the award.
• Cook v. Commercial Cas. Ins. Co.
  160 F.2d 490· 4th Cir.· 1947-03-06 ·cited 6×
  The court held that the administratrix was not estopped from claiming the insurance money as her own due to a mistake, and the assignment was valid.
• Underwood v. Phillips Petroleum Co.
  155 F.2d 372· 10th Cir.· 1946-05-13 ·cited 6×
  The court held that all claimants, except for the secured creditor Dye, should share the remaining fund pro rata, as their equitable liens arose simultaneously upon the creation of the fund in Oklahoma.
• Adelman v. Centaur Corp.
  145 F.2d 573· 6th Cir.· 1944-11-20 ·cited 6×
  The court held that the assignment of the chose in action was effective under Pennsylvania law before bankruptcy, thus the trustee could not recover the funds.
• Springer v. J. R. Clark Co.
  138 F.2d 722· 8th Cir.· 1943-11-09 ·cited 6×
  The court held that the arrangement constituted an irrevocable equitable assignment of royalties to the plaintiff, enforceable against the defendant licensee.
• AIR Quality Experts Corp. v. Fam. Sec. Ins. Co.
  351 So. 3d 32· Fla. 4th DCA· 2022-10-12 ·cited 5×
  The appellate court affirmed a lower court's decision to dismiss a case, ruling that an assignment of benefits (AOB) contract was invalid because it failed to comply with Florida statute section 627.7152(2)(a)4. The statute requires a written, itemized, per-unit cost estimate of
• Cabell v. Clark
  162 F.2d 153· 2d Cir.· 1947-05-26 ·cited 5×
  The court held that the endorsement on the claim did not constitute an equitable assignment of assets, but merely approved the amount of the debt.
• Brown v. Omega Ins. Co.
  322 So. 3d 98· Fla. 4th DCA· 2021-05-26 ·cited 4×
  Appellants signed an assignment of benefits (AOB) agreement with a contractor (ERG) for home repairs following water damage, but the insurance company never approved the work and ERG never performed any repairs. The trial court granted summary judgment in favor of the insurer, fi
• Miami Dade Cnty. v. Associated Aviation Underwriters
  840 So. 2d 264· Fla. 3d DCA· 2002-12-26 ·cited 4×
• Portland Gen. Elec. Co. v. Pac. Indem. Co.
  579 F.2d 514· 9th Cir.· 1978-07-31 ·cited 4×
  An excess insurer is subrogated to the insured's right to recover attorney fees under ORS 743.114 when the primary insurer fails to act in good faith.
• Globe Indem. Co. v. Puget Sound Co., Inc.
  149 F.2d 805· 2d Cir.· 1945-03-06 ·cited 4×
  The court held that an action in aid of attachment is not barred by a prior judgment in the attachment suit and that an assignment of a chose in action is valid and irrevocable even without consideration.
• Gen. Contractors of Cent. Fla. LLC v. Heritage Prop. & Cas. Ins. Co.
  46 Fla. L. Weekly D2093· Fla. 3d DCA· 2021-12-01 ·cited 3×
  The appellate court affirmed the dismissal of a breach-of-contract claim brought by a contractor who received an assignment of benefits from a homeowner. The court held that the assignment was invalid because it lacked the required written consent from the mortgagee, as stipulate
• Epolito v. Prudential Ins. Co. of Am.
  737 F. Supp. 2d 1364· M.D. Fla.· 2010-09-02 ·cited 3×
  The court held that the plan's definition of 'Employer' encompassed Unitrin and its affiliates, meaning pension benefits accrued under a former owner were deductible. The court adopted Florida's contract interpretation rules and the doctrine of contra proferentem for ERISA cases.
• In re KUN v. KUN
  868 F.2d 1069· 9th Cir.· 1989-02-27 ·cited 2×
  The court held that Arizona Revised Statutes § 32-2155 renders the contract unenforceable because a real estate salesman cannot accept compensation directly from a principal, and that Arizona Revised Statutes § 12-341.01(C) permits attorney's fees for harassment even if the party
• Shaw v. Botens
  403 F.2d 150· 3d Cir.· 1968-11-19 ·cited 2×
  The court held that Pennsylvania garnishment proceedings are available to determine the validity of a judgment debtor's claim against an insurer for breach of the duty of good faith and fair dealing in settlement negotiations.
• Parlane Sportswear Co., Inc. v. United States
  359 F.2d 974· 1st Cir.· 1966-05-04 ·cited 2×
  The court held that the government's tax lien attached to the fund in Parlane's possession because the substance of the transaction was an assignment made after the lien was filed and notice of levy served.
• The Franklin Life Ins. Co. v. Marnell Falkingham
  229 F.2d 300· 7th Cir.· 1956-01-24 ·cited 2×
  The court held that the insured's delivery of the policy to his wife was not an assignment or gift, and the bank's subsequent assignment for security was valid. However, a personal judgment against the wife was error.
• Nello L. Teer Co. v. The Kanawha Valley Bank
  227 F.2d 306· 4th Cir.· 1955-11-07 ·cited 2×
  A subcontractor's assignee bank has a direct right against the general contractor when the contractor accepts the assignment and agrees to pay the invoice amounts directly to the bank, precluding the contractor from asserting defenses against the bank that it might have against t
• Parrish v. Kaska
  204 F.2d 451· 10th Cir.· 1953-05-08 ·cited 2×
  A property settlement agreement giving the insured the right to change the beneficiary does not, without express language or necessary implication, divest the named beneficiary of her expectancy interest if the insured dies without changing the beneficiary.
• Schultz v. Walker
  130 F.2d 907· 7th Cir.· 1942-10-22 ·cited 2×
  The court held that the Master's deed was not void and that the plaintiff's prior actions cured any jurisdictional defects in the foreclosure suit.
• The Buckeye Cellulose Corp. v. Sutton Constr. Co., Inc.
  907 F.2d 1090· 11th Cir.· 1990-08-02 ·cited 1×
  An assignment of contract proceeds is valid and takes priority over a subsequently filed attorney's lien, even if the judgment for those proceeds is based on quantum meruit.
• AIR Quality Experts Corp. v. Fam. Sec. Ins. Co.
  Fla. 4th DCA· 2022-12-07
  A police officer's failure to advise an arrestee that Miranda rights do not apply to chemical testing does not automatically invalidate a license suspension for refusal to take a breathalyzer test, unless the arrestee's refusal is actually based on confusion about the applicabili
• AIR Quality Experts Corp. v. Fam. Sec. Ins. Co.
  Fla. 4th DCA· 2022-10-12
  A proceeding to condemn land becomes final and appealable by writ of error once the court adjudicates the right to condemn, appoints commissioners, receives their report fixing compensation, and allows that compensation to be paid into court, thus depriving the owner of possessio
• Physicians Care Ctrs. of Fla., LLC v. PNC Nat'l Ass'n
  Fla. 4th DCA· 2022-08-17
  The appellate court affirmed a lower court's decision to allow garnishment of funds owed to a medical practice. The court held that the buyer of the practice, Physicians Care, could not claim ownership of the funds because it had not obtained the required state license to operate
• Robert J. Hanopole, D.C., P.A. v. State Farm Mut. Auto. Ins. Co.
  Fla. 4th DCA· 2022-08-10
  The appellate court reversed a lower court's dismissal of a provider's PIP benefits action, holding that the provider was not required to attach a copy of the insured's assignment of benefits to its initial complaint. The court found that while an assignment is necessary for stan
• USAA Cas. Ins. v. Emerg. Phys.
  9th Cir. Ct. App. Div.· 2015-05-06
  USAA Casualty Insurance Company appeals a trial court's final judgment in favor of Emergency Physicians of Central Florida, LLP, which was assigned Cooper's PIP insurance claim. The appellate court affirmed, holding that USAA's delayed payment after suit was filed constituted a c
• Alfa Vision Ins. Corp. v. Tampa Chiropractic Ctr.
  9th Cir. Ct. App. Div.· 2013-02-08
  Alfa Vision Insurance Corporation appealed a trial court's final judgment granting summary judgment in favor of Tampa Chiropractic Center on a No-Fault insurance benefits claim. The appellate court affirmed the trial court's ruling on Tampa's standing to pursue the claim but reve
• Alfa Vision Ins. Corp. v. Wellness Health Assocs.
  9th Cir. Ct. App. Div.· 2013-02-08
  Alfa Vision Insurance Corporation appeals a trial court's final judgment awarding No-Fault benefits to Wellness Health Associates for medical services rendered to four accident victims. The appellate court affirmed the standing ruling but reversed and remanded the fraud-related s
• Hiawassee Orlando v. David
  9th Cir. Ct. App. Div.· 2012-01-03
  Hiawassee Orlando, LLC appeals a trial court judgment ordering it to reimburse homeowner David Rosenberg for HOA dues related to subdivision security gates pursuant to a 1993 letter agreement. The appellate court reverses, holding that the 1993 Letter, which purported to bind suc
• Open MRI v. State Farm Fire
  9th Cir. Ct. App. Div.· 2010-04-06
  Open MRI of Orlando, as assignee of an insured's PIP benefits, sued State Farm for refusing to pay for MRI services. The appellate court affirmed summary judgment in favor of State Farm, holding that the assignment of benefits signed by the insured was merely a direction to pay O
• Preziosi v. Progressive Express Ins. Co.
  9th Cir. Ct. App. Div.· 2009-05-13
  Chiropractor Vincent Preziosi appealed a trial court's grant of summary judgment and subsequent award of attorney's fees in favor of Progressive Express Insurance Company in a PIP (personal injury protection) benefits dispute. The appellate court affirmed the summary judgment and
• Jones v. Jeld-Wen, Inc.
  1997 WL 629827· S.D. Fla.· 2008-06-13
  The court denied the motion for class certification because the plaintiffs failed to satisfy the predominance requirement of Federal Rule of Civil Procedure 23(b)(3), as individual issues regarding causation predominated over common issues.
• Cole v. Barlar Enters., Inc.
  35 F. Supp. 2d 891· M.D. Fla.· 1999-01-15
  The court held that the federal tax lien did not attach to the interpled funds because the insurance policy provision effectively assigned the right to attorneys' fees and costs to the insurer, making the funds the insurer's property, not the taxpayer's. The court also ordered th
• 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.
• In re Mitchell v. Arnold and Kathy A. Arnold
  908 F.2d 52· 6th Cir.· 1990-07-11
  The court held that payments made by a contractor to a material supplier were not property of the bankrupt subcontractor's estate because the contractor had an independent contractual obligation to the supplier.
• Allstate Ins. Co. v. Am. Bankers Ins. Co. OF Fla.
  882 F.2d 856· 4th Cir.· 1989-08-10
  The court held that an assignment of future annuity payments was not a valid legal assignment because the assignor lacked ownership and it did not transfer a present right, and that even as an equitable assignment, it would not be enforced due to inequitable circumstances. Furthe
• Paul L. Hanes in Bankr. of Television Prods. Int'l, Inc. v. Crown Camera Sales, Inc.
  468 F.2d 1318· 5th Cir.· 1972-11-07
  The court held that the September 11th letter did not constitute a legal or equitable assignment, and therefore the subsequent payments were preferential transfers for an antecedent debt under the Bankruptcy Act.
• Azzaro v. Nw. Sec. Ins. Co.
  26 Fla. Supp. 184· Palm Beach Cty. Small Cl. Ct.· 1965-09-23
  In this small claims case, the court held that an insurer's right of subrogation applies equally to personal injury claims as it does to property damage claims. The plaintiff's settlement with the tortfeasor before claiming against his insurer extinguished his right to indemnity
• Nw. Nat. Bank of Minneapolis v. A. M. Cameron Co.
  210 F.2d 398· 8th Cir.· 1954-02-18
  The court held that the Bank's assignments of accounts receivable were insufficient to cover future shipments because they lacked specific identification of the subject matter, and Cameron's subsequent possession and financing of operations gave him superior equitable rights.
• Munn v. Robison
  203 F.2d 778· 8th Cir.· 1953-05-06
  An oral assignment of a life insurance policy, accompanied by manual delivery, is valid under Arkansas law and constitutes a gift, even if the policy contains provisions for written assignments.
• Havill v. Houser
  157 Fla. 763· Fla.· 1946-07-19
  William G. Havill assigned his one-half interest in mortgage notes to Wesley Houser as trustee in 1940 to secure payment of specific debts to named creditors. After Havill's death, his widow Edith Stillings Havill (executrix of his estate) and Wesley Houser as trustee/executor bo
• White Furniture Co. v. Mather
  154 Fla. 129· Fla.· 1943-10-08
  White Furniture Company sought to enforce an equitable lien on household furniture based on an alleged equitable assignment of a conditional sales contract to a bank for collection. The Florida Supreme Court affirmed the lower court's dismissal, finding that White Furniture faile
• In re L. H. Duncan & Sons. Appeal of Md. Cas. Co.
  127 F.2d 640· 3d Cir.· 1942-04-14
  The surety is entitled to subrogation to the unpaid contract balance because the contract expressly required prompt payment for labor and materials, and the surety fulfilled this obligation.