Equitable Subrogation

360 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
• Aspen v. Bayless
  564 So. 2d 1081· Fla.· 1990-07-26 ·cited 94×
  A party is not precluded from recovering costs under rule 1.442 or after judgment when a third party pays or advances those costs.
• Palm Beach Sav. & Loan Ass'n v. Fishbein
  619 So. 2d 267· Fla.· 1993-04-01 ·cited 93×
  The Florida Supreme Court held that a bank can obtain an equitable lien on homestead property to the extent its loan proceeds were used to satisfy preexisting mortgages and taxes, even though the homeowner's spouse innocently did not sign the mortgage due to her husband's forgery
• 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.
• Ram Constr. Co., Inc. v. Am. States Ins. Co.
  749 F.2d 1049· 3d Cir.· 1984-12-06 ·cited 81×
  The court held that the determination of whether two separate contracts existed is a matter of contract construction, subject to plenary review, and that a surety's right of equitable subrogation does not permit offsetting losses from pre-bankruptcy contracts against profits from
• Dantzler Lumber & Exp. Co. v. Columbia Cas. Co.
  115 Fla. 541· Fla.· 1934-06-21 ·cited 79×
  Columbia Casualty Company, a surety bond issuer, sought equitable subrogation against an accounting firm (Ernst & Ernst) after paying a $10,000 embezzlement claim for Dantzler Lumber & Export Company. The Florida Supreme Court held that the bill of complaint stated sufficient fac
• Lucky Nation, LLC v. Al-Maghazchi
  Fla. 4th DCA· 2020-06-17 ·cited 78×
  An equitable subrogee may re-foreclose a first mortgage in a supplementary proceeding, and inferior lienholders retain redemption rights, but the redemption amount must exclude interest, property taxes, and expenses incurred after filing the original foreclosure complaint.
• Praxedes DeCESPEDES v. Prudence Mut. Cas. Co. of Chicago
  193 So. 2d 224· Fla. 3d DCA· 1966-11-22 ·cited 66×
  Insured plaintiffs sought to recover medical expenses under their automobile insurance policy after settling their claims against a tortfeasor and executing a full release. The court held that the policy's subrogation clause prevents recovery when the insured has compromised thei
• Havoco OF Am., Ltd. v. Hill
  790 So. 2d 1018· Fla.· 2001-06-21 ·cited 64×
  The Florida Supreme Court held that Article X, Section 4 of the Florida Constitution exempts homestead property even when acquired with nonexempt funds with the specific intent to hinder, delay, or defraud creditors, answering a certified question from the Eleventh Circuit. The c
• The Indus. Dev. Bd. OF the Town OF Section v. Fuqua Indus., Inc.
  523 F.2d 1226· 5th Cir.· 1975-11-24 ·cited 62×
  The court held that Van Heusen, having paid for the repairs, was subrogated to the Boards' claims against the contractor, and the trial court erred by instructing the jury solely on a third-party beneficiary theory.
• Perera v. United States Fid. & Guar. Co.
  35 So. 3d 893· Fla.· 2010-05-06 ·cited 58×
  The Florida Supreme Court answered certified questions regarding whether a third-party bad-faith claim against an insurer can be maintained without an excess judgment or exposure to liability exceeding policy limits. The Court held that even though bad faith may exist, recovery i
• 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
• Citicorp Ins. Brokers (Marine), Ltd. v. J.R. Charman
  635 So. 2d 79· Fla. 1st DCA· 1994-01-20 ·cited 48×
  Citicorp Insurance Brokers and Nelson Hurst Marine appealed an order denying their motion to dismiss for lack of personal jurisdiction in a suit by J.R. Charman, a Lloyd's underwriter, who was sued after providing allegedly false insurance coverage representations for a vessel th
• 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
• Nat'l Union Fire Ins. Co. OF Pittsburgh v. Argonaut Ins. Co.
  701 F.2d 95· 9th Cir.· 1983-03-08 ·cited 45×
  A party cannot avert summary judgment based on the mere possibility of a factual dispute or a desire to cross-examine when they offer no contradictory evidence.
• 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
• Hartford Accident & Indem. Co. v. U.S.C.P. Co.
  515 So. 2d 998· Fla. 4th DCA· 1987-09-09 ·cited 43×
  Hartford sought certiorari review of trial court orders denying its motion to dismiss U.S.C.P.'s bad faith crossclaim and requiring production of discovery materials. The Fourth District Court of Appeal, sitting en banc, denied certiorari as to the motion to dismiss and interroga
• Coral Gables First Nat'l Bank v. Constructors OF Fla. Inc.
  119 So. 2d 741· Fla. 3d DCA· 1960-03-22 ·cited 43×
  The court affirmed a trial court's finding that a loan transaction between two banks and a construction company was usurious, with interest charges exceeding 25% per annum. The court modified the penalties imposed, holding that a national bank cannot lose unpaid principal under f
• Clermont-Minneola Country Club, Inc. v. Coupland
  106 Fla. 111· Fla.· 1932-07-08 ·cited 43×
  Clermont-Minneola Country Club, Inc., a corporation organized by Mrs. Ella M. Johnston to hold title to tax deeds, sought to foreclose those tax deeds against the Consolidated Paving Company, which held a paving lien with the same force and effect as a second mortgage. The Florid
• Kala Invs., Inc. v. Sklar
  538 So. 2d 909· Fla. 3d DCA· 1989-01-31 ·cited 41×
  Kala Investments, owner of an apartment building where a child was injured falling through a defective window, appeals summary judgment dismissing its claims against the architect, contractor, and other defendants involved in the building's design and construction. The court hold
• Travelers Ins. Co. v. Tallahassee Bank & Tr. Co.
  133 So. 2d 463· Fla. 1st DCA· 1961-09-07 ·cited 41×
  Travelers Insurance Company appealed a declaratory decree holding it liable on two term life insurance policies assigned as collateral to Tallahassee Bank. The court affirmed, finding that the insurance company breached its obligation to recognize the assignee bank's right to exe
• Ranger Ins. Co. v. Travelers Indem. Co.
  389 So. 2d 272· Fla. 1st DCA· 1980-10-07 ·cited 39×
  Ranger Insurance Company, an excess liability carrier, appealed the dismissal of its complaint against Travelers Indemnity Company, the primary carrier for their common insured (City of Tallahassee). The court held that an excess carrier has a cause of action against a primary ca
• Argonaut Ins. Co. v. Md. Cas. Co.
  372 So. 2d 960· Fla. 3d DCA· 1979-06-19 ·cited 35×
  Argonaut Insurance Company sought to recover attorney's fees and defense costs from other insurers (Maryland Casualty, Yosemite, and Foremost) that also insured the same policyholder, Watsco, Inc., claiming subrogation rights based on pro rata other insurance clauses. The Florida
• 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
• The Springfield Co. v. Ely
  44 Fla. 319· Fla.· 1902-01-01 ·cited 35×
  The Springfield Company sought to enforce a pledge of stock certificates owned by Mary C. Ely to satisfy a debt owed by her former husband, Henry S. Ely. The Florida Supreme Court reversed the lower court's judgment, holding that the wife's written consent to pledge her separate
• 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.
• Jameson Cooper v. Meridian Yachts, Ltd.
  575 F.3d 1151· 11th Cir.· 2009-07-21 ·cited 33×
  A captain injured by a defective foodlift on a yacht settled his personal injury claim, and the vessel owner and other parties sought indemnity and contribution from the Dutch shipbuilder and designer. The Eleventh Circuit held that the shipbuilding agreement's Dutch choice-of-la
• United States v. Crain
  589 F.2d 996· 9th Cir.· 1979-01-17 ·cited 32×
  Federal law governs the interpretation of SBA loan guarantees, and state law defenses may be adopted as federal common law if they do not conflict with federal policy. The standard SBA guarantee language waives defenses under Ariz.Rev.Stat. § 12-1641.
• 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
• Am. Bankers Ins. Co. OF Fla. v. First State Ins. Co.
  891 F.2d 882· 11th Cir.· 1990-01-11 ·cited 30×
  The district court abused its discretion by dismissing the federal action in favor of a parallel state court proceeding, as no exceptional circumstances justified surrendering federal jurisdiction.
• The Nat'l Shawmut Bank OF Boston v. NEW Amsterdam Cas. Co., Inc.
  411 F.2d 843· 1st Cir.· 1969-05-05 ·cited 30×
  The court denied the petition for rehearing, reaffirming its prior decision that a surety's right of subrogation is not displaced by Article 9 of the Uniform Commercial Code.
• Fla. Patient's Comp. Fund v. ST. Paul Fire & Marine Ins. Co.
  559 So. 2d 195· Fla.· 1990-02-08 ·cited 29×
  The Florida Supreme Court upheld a Fourth District Court of Appeal decision barring the Florida Patient's Compensation Fund from bringing a second action for contribution and claims of equitable subrogation and equitable assignment against St. Paul Fire and Marine Insurance Compa
• Caccavella v. Frederick W. Silverman, M.D.
  814 So. 2d 1145· Fla. 4th DCA· 2002-04-10 ·cited 28×
  A settlement with an initial tortfeasor that does not expressly reserve rights against a subsequent tortfeasor bars claims against the subsequent tortfeasor, as the initial tortfeasor is presumed to have compensated for all injuries.
• Cuesta v. Newsom
  102 Fla. 853· Fla.· 1931-08-07 ·cited 28×
  Cuesta, Rey & Company paid a certified check that the Citizens Bank & Trust Company failed to honor after becoming insolvent. The court held that Cuesta, as the secondary obligor on the check, became subrogated to the United States' statutory lien on the bank's assets when it pai
• Elizabethport Cordage Co. v. Whitlock
  37 Fla. 190· Fla.· 1896-01-01 ·cited 28×
  Elizabethport Cordage Company sought to foreclose a mortgage executed by William S. Whitlock in 1877, claiming to have acquired rights through an assignment of an earlier 1875 mortgage to Waterbury and Marshall. The Florida Supreme Court held that the corporation cannot be subrog
• Louviere v. Shell OIL Co.
  509 F.2d 278· 5th Cir.· 1975-03-06 ·cited 26×
  A suit filed by an employer's workers' compensation carrier against a third-party tortfeasor interrupts the prescriptive period for the employee's own claim for damages arising from the same incident.
• KPMG Peat Marwick v. Nat'l Union Fire Ins. Co. of Pittsburgh
  765 So. 2d 36· Fla.· 2000-07-13 ·cited 25×
  The Florida Supreme Court held that an insurer can assert a claim for an independent auditor's professional malpractice as an assignee or subrogee of its insured, reversing the lower court's dismissal. The Court distinguished independent auditor relationships from attorney-client
• 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
• Charles "Bebe" Rebozo v. Royal Indem. Co. & Baldwin Ins. Agency, Inc.
  369 So. 2d 644· Fla. 3d DCA· 1979-04-03 ·cited 25×
  Rebozo appeals the dismissal of his cross-claims against an insurance company and broker for lack of standing. The court holds that Rebozo, who personally paid a judgment that should have been covered by insurance, has standing to pursue cross-claims against the defendants as an
• Bohemia, Inc. v. The Home Ins. Co.
  725 F.2d 506· 9th Cir.· 1984-02-07 ·cited 24×
  The court held that the primary insurer was neither negligent nor acting in bad faith in its investigation and refusal to settle a wrongful death claim, and affirmed the district court's judgment.
• 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
• Bennett v. The Preferred Acc. Ins. Co. of N.Y.
  192 F.2d 748· 10th Cir.· 1951-11-13 ·cited 24×
  The court held that the Preferred policy's reimbursement clause required Bennett to reimburse Preferred for payments made due to statutory liability not covered by the policy's terms, and that Pacific's policy was primary.
• Fla. Farm Bureau Gen. Ins. Co. v. Ins. Co. OF N. Am.
  763 So. 2d 429· Fla. 5th DCA· 2000-06-09 ·cited 23×
  Florida Farm Bureau General Insurance Company appealed the dismissal of its complaint against Insurance Company of North America seeking indemnification and subrogation for a $150,000 settlement paid in a wrongful death case. The court reversed the dismissal, holding that policy
• 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
• United States v. S.C. State Hwy. Dep't
  171 F.2d 893· 4th Cir.· 1948-12-29 ·cited 23×
  The court held that insurance companies, as subrogees, can recover damages under the Federal Tort Claims Act for losses they have paid, and that the government's sovereign immunity is waived under these circumstances. The court also affirmed the lower court's finding of negligenc
• 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
• Smith & Kelly Co. v. The S/S Concordia Tadj
  718 F.2d 1022· 11th Cir.· 1983-11-03 ·cited 22×
  The court held that the Ryan indemnity doctrine, which required stevedores to indemnify shipowners for injuries to longshoremen, does not apply to injuries sustained by seamen at sea, and that damages should be apportioned based on comparative fault.
• Shipp Corp., Inc. v. Charpilloz
  414 So. 2d 1122· Fla. 2d DCA· 1982-06-04 ·cited 22×
  A junior mortgagee's equity of redemption is extinguished upon entry of final judgment in a senior mortgagee's foreclosure action, and mere inadequacy of price is insufficient to set aside a judicial sale absent gross inadequacy coupled with fraud or irregularity.