Equitable Subrogation

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

• Town of River Junction v. Md. Cas. Co.
  133 F.2d 57· 5th Cir.· 1943-01-27 ·cited 12×
  The court held that a surety who completes a public work after contractor default has priority over a bank to funds held by the owner, even if the bank loaned money to the contractor to pay laborers and materialmen.
• Trainor v. PNC Bank
  211 So. 3d 366· Fla. 5th DCA· 2017-03-03 ·cited 11×
  Janet Trainor appealed summary judgments granted to PNC Bank, its general contractor Kirby Bros., and subcontractor Lee Williams & Associates after she was injured stepping into a pothole in a parking lot under construction. The court reversed, holding that the obvious danger doc
• The Phoenix Ins. Co. v. Fla. Farm Bureau Mut. Ins. Co.
  558 So. 2d 1048· Fla. 2d DCA· 1990-02-23 ·cited 11×
  Phoenix Insurance appeals a dismissal of its equitable subrogation claim against Florida Farm Bureau Mutual Insurance Company. Phoenix paid a $100,000 settlement in a personal injury case involving a tiger attack, claiming it was the excess insurer while FFB was primary. The cour
• Avirgan v. Hull
  691 F. Supp. 1357· S.D. Fla.· 1988-06-23 ·cited 11×
  The court granted summary judgment for thirteen defendants, finding plaintiffs failed to establish a connection between the alleged assassination attempt and these defendants or that they caused any injury.
• In re Forester v. Bide Steward
  529 F.2d 310· 9th Cir.· 1976-01-12 ·cited 11×
  The Stewards were not entitled to the proceeds of the bank stock under equitable subrogation or marshaling of assets because their claims were inferior to the trustee's and they could not circumvent California's antideficiency statutes.
• Joyner v. F & B Enters.
  448 F.2d 1185· D.C. Cir.· 1971-07-28 ·cited 11×
  The insurer is not a real party in interest because under the Longshoremen's and Harbor Workers' Compensation Act, payment of benefits without a formal award creates subrogation rights only against the employee's recovery, not directly against the third-party tortfeasor.
• Bryan v. Bank of Coconut Grove
  106 Fla. 357· Fla.· 1932-08-03 ·cited 11×
  This case addresses who bears the loss when a disputed fund, held in escrow during litigation, is lost due to the insolvency of the escrow agent. The court held that the loss falls on the insolvent bank's estate, not the party who ultimately prevails in the litigation.
• 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
• Radison Props., Inc. v. Flamingo Groves, Inc.
  767 So. 2d 587· Fla. 4th DCA· 2000-09-13 ·cited 10×
  Radison Properties appeals a foreclosure judgment granted to the Greenwalds, challenging whether a former corporate officer (Kanaan) had authority to mortgage property on behalf of the corporation. The court reversed, holding that Kanaan lacked actual authority under Florida Stat
• Pafco Gen. Ins. Co. v. Wah-Wai Furniture Co.
  701 So. 2d 902· Fla. 3d DCA· 1997-11-26 ·cited 10×
  The court held that the foreign furniture manufacturers were subject to Florida's jurisdiction because they engaged in substantial and systematic business activity within the state.
• In re Forfeiture of United States Currency IN THE Amount OF Ninety-One Thousand Three Hundred Fifty-Seven & 12/100 Dollars ($91
  595 So. 2d 998· Fla. 4th DCA· 1992-03-04 ·cited 10×
  A mortgage holder intervened in a forfeiture proceeding challenging the seizure of real property by the City of West Palm Beach. The court affirmed that an unrecorded mortgage cannot be perfected under Florida's Contraband Forfeiture Act, but reversed and remanded to consider whe
• Puritan Ins. Co. v. Canadian Universal Ins. Co., Ltd.
  775 F.2d 76· 3d Cir.· 1985-10-15 ·cited 10×
  Under Pennsylvania law, an excess insurer's rights against a primary carrier are based on equitable subrogation to the insured's rights, and if the insured approves the decision to try the case rather than settle, neither the insured nor the excess insurer can recover from the pr
• Amoco Transp. Co. v. S/S Mason Lykes
  768 F.2d 659· 5th Cir.· 1985-08-16 ·cited 10×
  The court held that the carrier's decision to abandon the voyage was unreasonable, entitling cargo interests to recover retained freight, and that cargo interests could recover duplicated freight charges from the negligent non-carrying vessel due to the common adventure doctrine.
• Munson & Assocs., Inc. v. Doctors Mercy Hosp.
  458 So. 2d 789· Fla. 5th DCA· 1984-10-11 ·cited 10×
  The court held that the appellants' settlement and release agreement, which expressly reserved the plaintiff's rights against the subsequent tortfeasors, barred the appellants' claim for equitable subrogation against those providers.
• Travelers Ins. Co. v. Jones
  422 So. 2d 1000· Fla. 4th DCA· 1982-11-24 ·cited 10×
  This complex insurance coverage dispute arises from an automobile accident where the injured plaintiff obtained judgments against two insurance carriers—Travelers and United States Fire—based on bad faith and breach of duty theories. The appellate court reversed the judgment agai
• The Nat'l Collection Agency, Inc. v. Trahan
  624 F.2d 906· 9th Cir.· 1980-07-30 ·cited 10×
  A debt owed to a surety that paid a bankrupt's tax obligation is dischargeable in bankruptcy, as extending the non-dischargeability exception would conflict with federal bankruptcy policy.
• Am. Commercial Lines, Inc. v. The Valley Line Co.
  529 F.2d 921· 8th Cir.· 1976-01-28 ·cited 10×
  The court held that the plaintiff's claim for equitable subrogation was a factual question for the jury, not subject to summary judgment, but that the written assignment was invalid because the assignor had no remaining interest after a prior release.
• Worthen Bank & Tr. Co. v. The Franklin Life Ins. Co.
  370 F.2d 97· 8th Cir.· 1966-12-28 ·cited 10×
  The court held that the assignment of renewal commissions was subject to the insurer's right to deduct the agent's indebtedness, and that equitable subrogation applied to a surety who paid the agent's defalcation.
• Am. Builders Ins. Co. v. Southern-Owners Ins. Co.
  56 F.4th 938· 11th Cir.· 2023-01-04 ·cited 9×
  The Eleventh Circuit affirmed the district court's denial of judgment as a matter of law, holding that a reasonable jury could find that the primary insurer acted in bad faith by unreasonably delaying its investigation and settlement efforts, causing damages to the excess insurer
• MDS (Canada) Inc. v. RAD Source Techs., Inc.
  143 So. 3d 881· Fla.· 2014-07-10 ·cited 9×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit concerning whether Florida law recognizes a bright-line rule to distinguish assignments from sublicenses in patent license agreements. The Court held that no such bright-line rule exists under Flori
• Harris v. John E.D. Grunow, Jr.
  71 So. 3d 186· Fla. 3d DCA· 2011-09-28 ·cited 9×
  The Harrises, defendants in a negligence suit brought by neighboring property owners Grunow and O.R. Golf over mangrove cutting, obtained a jury verdict in their favor. The trial court set aside the verdict and granted a new trial, but the appellate court reversed, finding no abu
• The Cont'l Cas. Co. v. Przewoznik
  55 So. 3d 690· Fla. 3d DCA· 2011-03-02 ·cited 9×
  Continental Casualty Company sought certiorari review of a trial court order disqualifying its counsel due to an alleged conflict of interest. The Third District Court of Appeal reversed, holding that the respondents lacked standing to seek disqualification because they could not
• Hollywood Lakes Country Club, Inc. v. Cmty. Ass'n Servs., Inc.
  770 So. 2d 716· Fla. 4th DCA· 2000-10-25 ·cited 9×
  Hollywood Lakes Country Club appealed the dismissal of its complaint against Community Association Services, alleging breach of contract, fraud, subrogation rights, and negligence. The court reversed dismissal of the fraud and equitable subrogation claims but affirmed dismissal o
• Bancflorida v. Hayward
  689 So. 2d 1052· Fla.· 1997-02-27 ·cited 9×
  BancFlorida sought review of a Third District Court of Appeal decision that gave contract purchasers priority over the bank's purchase money mortgages on lots. The Florida Supreme Court reversed, holding that purchase money mortgages have priority over prior equitable liens, even
• Cas. Indem. Exch. v. Penrod Bros., Inc.
  632 So. 2d 1046· Fla. 3d DCA· 1993-11-02 ·cited 9×
  Casualty Indemnity Exchange sought subrogation against a tenant who breached its lease obligation to purchase fire insurance, after paying the landlord's insured losses from a fire. The court held that an insurer has no right of subrogation for a tenant's breach of a contractual
• Venceslao Nardi v. Cont'l Nat'l Bank
  559 So. 2d 307· Fla. 3d DCA· 1990-04-03 ·cited 9×
  Venceslao Nardi and his closely held corporations appeal summary judgment in favor of Continental National Bank following the bank's wrongful setoff of a security deposit escrow account. The court reverses, holding that undisclosed principals may sue to enforce claims held by the
• McKENZIE Tank Lines, Inc. v. Empire GAS Corp.
  538 So. 2d 482· Fla. 1st DCA· 1989-01-27 ·cited 9×
  The court held that the Florida Insurance Guaranty Association (FIGA) could not reduce its liability by the amount of Empire's settlement payments that were made to FIGA members, as Empire's claim was based on equitable subrogation, not insurer subrogation barred by statute.
• T & B Scottdale Contractors, Inc. v. United States
  815 F.2d 1425· 11th Cir.· 1987-05-04 ·cited 9×
  The court held that the appealability of the district court's order granting summary judgment to the bankruptcy trustee was uncertain because the district court failed to clarify whether T & B Scottdale could pursue its equitable claims in bankruptcy court.
• 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
• QBE Ins. Corp. v. Jorda Enters., Inc.
  277 F.R.D. 676· S.D. Fla.· 2012-01-30 ·cited 8×
  A corporation pursuing a subrogation claim must comply with Rule 30(b)(6) by designating and adequately preparing one or more corporate representatives to testify about matters known or reasonably available to the corporation, including information available from third-party sour
• Daimlerchrysler Ins. Co. v. Arrigo Enters., Inc.
  63 So. 3d 68· Fla. 4th DCA· 2011-05-18 ·cited 8×
  DaimlerChrysler Insurance Company, as subrogee of a vehicle lessor, appealed the dismissal of its negligence claim against the lessee's insurance broker and agents, seeking recovery for a $1 million settlement paid for an accident caused by an underinsured lessee. The court affir
• 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
• Marina Funding Grp., Inc. v. Peninsula Prop. Holdings, Inc.
  950 So. 2d 428· Fla. 4th DCA· 2007-01-03 ·cited 8×
  The satisfaction of a judgment for the full indebtedness extinguishes any right of redemption associated with that lien.
• 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
• 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
• Dade Cnty. Sch. Bd. v. Radio Station Wqba
  699 So. 2d 701· Fla. 3d DCA· 1997-05-07 ·cited 8×
  The Dade County School Board appeals a judgment requiring it to reimburse parade sponsors for settlement payments made to injured spectators burned during a 1990 Three Kings Day Parade. The court affirmed the award under the doctrine of equitable subrogation, finding DCSB liable
• Certain Underwriters OF Lloyd's & Cos. Subscribing TO Excess Aviation Liab. Ins. Policy NO. FL-10959 A & B v. Gen. Accident Ins. Co. OF Am.
  909 F.2d 228· 7th Cir.· 1990-07-31 ·cited 8×
  An excess insurer can recover from a primary insurer for bad faith refusal to settle within policy limits, and the insured's consent to the primary insurer's actions does not bar recovery if the consent was not unequivocal or based on the insurer's fiduciary duty.
• The DOW Chem. Corp. v. Weevil-Cide Co., Inc.
  897 F.2d 481· 10th Cir.· 1990-02-28 ·cited 8×
  The court held that a subrogation claim accrues when the subrogor's claim accrues, not when payment is made, and that an insurer cannot tortiously interfere with its own insured's prospective contractual relations.
• Cont'l Cas. Co. v. Godur
  476 So. 2d 242· Fla. 3d DCA· 1985-09-17 ·cited 8×
  An insurer is entitled to indemnity from an employee for amounts paid on behalf of a vicariously liable insured employer when the employee is not covered by the policy for the specific accident.
• United States Fire Ins. Co. v. Royal Ins. Co.
  759 F.2d 306· 3d Cir.· 1985-04-16 ·cited 8×
  A primary insurer is not liable to an excess insurer for bad faith refusal to settle unless the excess insurer proves by clear and convincing evidence that the primary insurer failed to act in good faith, which includes failing to accord the insured's interests the same considera
• Starcraft Co. v. C.J. Heck Co. OF Tex., Inc.
  748 F.2d 982· 5th Cir.· 1984-12-17 ·cited 8×
  The dissenting judge would hold that the Bank is absolutely liable to Starcraft for the face value of the check and that the Johnsons remain liable as guarantors for prior transactions.
• Voisin v. O.D.E.C.O. Drilling Co.
  744 F.2d 1174· 5th Cir.· 1984-10-29 ·cited 8×
  An agreement by a stevedore to name a vessel owner as an additional insured on its liability insurance policies is not void under section 905(b) of the Longshoremen's and Harbor Worker's Compensation Act (LHWCA).
• Linton S. Waterhouse v. McDEVITT & St. Co.
  387 So. 2d 470· Fla. 5th DCA· 1980-08-20 ·cited 8×
  Three consolidated appeals concerning the distribution of funds held in court registry where multiple parties claimed priority based on different legal theories. The court affirmed the determination of priorities in the Brevard County garnishment proceeding and the Orange County
• Great Am. Ins. Co. v. The United States & T. G. Williamson
  492 F.2d 821· Ct. Cl.· 1974-02-20 ·cited 8×
  The Government is liable to the surety for an erroneous payment made to the contractor's assignee after notice of the surety's claim, but the assignee is not liable to the Government due to the Assignment of Claims Act; the Government is subrogated to the assignee's claim against
• 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.
• Am. Cas. Co. OF Reading v. Line Materials Indus.
  332 F.2d 393· 10th Cir.· 1964-05-25 ·cited 8×
  A surety's right of subrogation does not attach to contract payments made to the contractor before default and before the surety asserts a claim.
• Liberty Mut. Ins. Co. v. United States
  290 F.2d 257· 2d Cir.· 1961-05-11 ·cited 8×
  A partial subrogee may sue in its own name to assert its claim, and the defendant can compel joinder of other parties if necessary.
• Katharine S. Bauman v. Healy
  141 Fla. 478· Fla.· 1939-05-30 ·cited 8×
  In this mortgage foreclosure case, the Florida Supreme Court affirmed a decree finding that a tax deed acquired by the sister of a first mortgagee was subject to the equities existing between the first mortgagee and the foreclosing second mortgagee, even though the sister had tak
• Bernetta v. Ziegler
  102 Fla. 346· Fla.· 1931-07-07 ·cited 8×
  The Florida Supreme Court affirmed lower court orders and decrees concerning a married woman's separate property. The case involved a mortgage on her property that was unenforcible because her husband did not join in its execution, but the court found the property could be subjec
• Wells Fargo Bank, N.A. v. Leila Jidy
  44 So. 3d 162· Fla. 3d DCA· 2010-08-25 ·cited 7×
  Wells Fargo Bank appealed the trial court's denial of its motion to vacate a default foreclosure judgment. Although the court erred in summarily ruling on Wells Fargo's meritorious defenses, the appellate court affirmed because Wells Fargo failed to demonstrate due diligence in s