Equitable Subrogation

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

• Vigilant Ins. Co. v. Cont'l Cas. Co.
  33 So. 3d 734· Fla. 4th DCA· 2010-03-31 ·cited 7×
  Vigilant Insurance Company, an excess insurer, appealed a dismissal of its bad faith claim against Continental Casualty Company, the primary insurer. The court held that an excess insurer may pursue a bad faith claim against a primary insurer based on equitable subrogation princi
• Brickell Biscayne Corp. v. WPL Assocs., Inc.
  671 So. 2d 247· Fla. 3d DCA· 1996-04-10 ·cited 7×
  The court held that the developer could not bring claims for common law indemnity or equitable subrogation against subconsultants who were not parties to the original action and with whom the developer had no legal relationship.
• United States Fire Ins. Co. v. Morrison Assurance Co. & Alexander Underwriters Gen. Agency, Inc.
  600 So. 2d 1147· Fla. 1st DCA· 1992-05-15 ·cited 7×
  United States Fire Insurance Company, the primary carrier, appeals a judgment finding it acted in bad faith by refusing to settle a claim within its $500,000 policy limits, thereby exposing the excess carrier Morrison Assurance Company to an $855,000 verdict. The court affirms, h
• Hocker v. NEW Hampshire Ins. Co.
  922 F.2d 1476· 10th Cir.· 1991-01-07 ·cited 7×
  The court held that the excess insurer had a duty to defend when the primary insurer wrongfully denied coverage and that the excess insurer's failure to investigate and defend timely barred its equitable subrogation claim due to 'unclean hands'.
• Travelers Indem. Co. v. Calvert Fire Ins. Co.
  836 F.2d 850· 5th Cir.· 1988-01-19 ·cited 7×
  The court held that the United States, as a judgment creditor of the ship owner, could not recover from the ship owner's hull underwriters for cargo damage claims, either under the policy's collision liability clause or based on alleged breaches of fiduciary duty by the underwrit
• Allstate Ins. Co. v. Basil Theodotou, M.D.
  171 So. 3d 163· Fla. 5th DCA· 2015-07-24 ·cited 6×
  Allstate Insurance Company and Emily Boozer appealed a trial court's dismissal of their equitable subrogation claims against medical providers whose alleged negligence aggravated injuries from an initial traffic accident. The Fifth District Court of Appeal reversed, holding that
• Velazquez v. Serrano
  43 So. 3d 82· Fla. 3d DCA· 2010-07-28 ·cited 6×
  Velazquez appeals a summary judgment granting Deutsche Bank priority over her mortgage through equitable subrogation. The Third District Court of Appeal reverses, holding that equitable subrogation does not apply when Deutsche Bank's agent failed to note and satisfy Velazquez's p
• Ohio Cas. Ins. v. Cont'l Cas. Co.
  279 F. Supp. 2d 1281· S.D. Fla.· 2003-08-22 ·cited 6×
  The court held that the automobile exclusion clauses in the defendants' insurance policies applied, barring coverage for the accident because the loss would not have occurred but for the use of the vehicle.
• Monette Klein O'Grady v. Irwin Potash
  824 So. 2d 904· Fla. 3d DCA· 2002-06-05 ·cited 6×
  The court held that the trial court erred in considering the equities and indemnification of the prevailing party when determining entitlement to attorney's fees under section 57.105, Florida Statutes.
• Am. States Ins. v. Pioneer Elec. Co.
  85 F. Supp. 2d 1337· S.D. Fla.· 2000-01-12 ·cited 6×
  The court held that the insurer had no duty to defend or indemnify because the underlying claims were for economic loss, not bodily injury or property damage arising from an occurrence, and the insured failed to cooperate in the defense.
• Edmondson v. Green
  755 So. 2d 701· Fla. 4th DCA· 1999-08-04 ·cited 6×
  Edmondson appeals a summary judgment dismissing his third complaint against Green based on the two dismissal rule, while Green appeals the denial of his motions to quash summons and vacate default judgments. The court reverses in part, holding that three new causes of action (fra
• Benchwarmers, Inc. v. Gorin
  689 So. 2d 1197· Fla. 4th DCA· 1997-03-12 ·cited 6×
  The court held that an initial tortfeasor's amended third-party complaint adequately stated a claim for equitable subrogation, and the estate's release of the subsequent tortfeasor did not preclude the initial tortfeasor's claim for reimbursement.
• Brickell Biscayne Corp. v. Morse/Diesel
  683 So. 2d 168· Fla. 3d DCA· 1996-11-06 ·cited 6×
  The court affirmed the dismissal of some claims asserted by a condominium developer against an architect and construction manager, but reversed the dismissal of others, including common law indemnity and assigned claims.
• Galen Health Care, Inc. v. Am. Cas. Co. of Reading
  913 F. Supp. 1525· M.D. Fla.· 1996-01-25 ·cited 6×
  The court held that ACCR's policy was primary, not excess, and that Plaintiffs, as the excess insurer, were entitled to reimbursement from ACCR under equitable subrogation for the settlement of the malpractice claim.
• Tudor Dev. Grp., Inc. v. United States Fid. & Guar. Co.
  968 F.2d 357· 3d Cir.· 1992-06-22 ·cited 6×
  The dissent argues that an issuer of a standby letter of credit may qualify for equitable subrogation in proper circumstances, and that the equities in this case warrant further factual determination.
• United Techs. Commc'ns Co. v. Carlson Constr. Co.
  583 So. 2d 1110· Fla. 3d DCA· 1991-08-06 ·cited 6×
  UTC appeals a judgment in favor of Carlson Construction for equitable subrogation damages arising from acid corrosion of telecommunications equipment. The court reverses, holding that Carlson's third lawsuit was barred by the doctrine of res judicata because it was based on the s
• Empire State Bank v. Citizens State Bank
  932 F.2d 1250· 8th Cir.· 1991-05-10 ·cited 6×
• Union Cent. Life Ins. Co. v. Carlisle
  566 So. 2d 1335· Fla. 4th DCA· 1990-09-05 ·cited 6×
  The court held that while an insurer may have an interest in litigation due to reimbursement provisions, the trial judge retains broad discretion to deny intervention, and the denial here was not an abuse of discretion.
• United States v. Pastos
  781 F.2d 747· 9th Cir.· 1986-01-28 ·cited 6×
  State redemption laws apply to Small Business Administration (SBA) loans even when the loan documents contain an express waiver of redemption rights, as the balance of federal and state interests favors protecting debtors.
• MacMILLAN Bloedel Ltd. & MacMillan Bloedel, Inc. v. The Flintkote Co.
  760 F.2d 580· 5th Cir.· 1985-05-06 ·cited 6×
  A buyer of corporate assets cannot recover from the seller for amounts paid to settle antitrust claims arising from the buyer's own joint and several liability, even if the seller's pre-acquisition conduct contributed to the overall conspiracy.
• Am. Fid. Fire Ins. Co. v. The United States v. Ernst H. Brandt, III
  513 F.2d 1375· Ct. Cl.· 1975-04-16 ·cited 6×
  The court held that the surety could recover the amount paid by the government to the contractor after notice, but not the retainage, and that the government could recover the amount paid from the contractor.
• Home Indem. Co. v. The United States
  433 F.2d 764· Ct. Cl.· 1970-11-13 ·cited 6×
  The Uniform Commercial Code Article 9 does not displace a surety's equitable subrogation rights to contract proceeds.
• Framingham Tr. Co. v. Gould-National Batteries, Inc.
  427 F.2d 856· 1st Cir.· 1970-06-08 ·cited 6×
  A performing surety's right of subrogation to unpaid contract balances for labor and material costs prevails over a bank's perfected security interest.
• 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.
• Atl. Mut. Ins. Co. v. Cooney
  303 F.2d 253· 9th Cir.· 1962-02-26 ·cited 6×
  The court denied the petition for rehearing, finding no merit in the appellees' contentions regarding insurance policy interpretation, subrogation rights under California law, and contract integration.
• United States v. Gregory-Beaumont Equip. Co.
  243 F.2d 591· 8th Cir.· 1957-05-03 ·cited 6×
  The government should be subrogated to the FHA's prior lien position to prevent unjust enrichment of the plaintiff.
• United States v. Hill
  171 F.2d 404· 5th Cir.· 1948-12-17 ·cited 6×
  The dissenting judge believes the majority opinion incorrectly reversed the entire judgment based on a technicality of the Anti-Assignment Act.
• Tank Tech, Inc. v. Valley Tank Testing
  334 So. 3d 658· Fla. 2d DCA· 2021-06-02 ·cited 5×
  The appellate court reversed a summary judgment for Valley Tank, finding that Tank Tech had a viable claim for equitable subrogation. The court held that Valley Tank failed to meet its burden of proving Tank Tech could not prevail on its claim, and that the prior ruling regarding
• Crawford v. Fed. Nat'l Mortg. Ass'n
  266 So. 3d 1274· Fla. 5th DCA· 2019-03-22 ·cited 5×
  A mortgage foreclosure cannot be enforced against homestead property when the non-record-owner spouse did not execute the mortgage, but an equitable lien may be imposed for funds used to satisfy prior mortgages to the extent they benefited the homestead, excluding cash disburseme
• Fla. Peninsula Ins. Co. v. KEN Mullen Plumbing, Inc.
  171 So. 3d 194· Fla. 5th DCA· 2015-07-31 ·cited 5×
  Florida Peninsula Insurance Company appealed the dismissal of its third-party complaint against plumbing contractor Ken Mullen Plumbing for common law indemnity, equitable subrogation, and negligence claims arising from water damage to an insured's home. The Fifth District Court
• Univ. OF Miami v. Francois
  76 So. 3d 360· Fla. 3d DCA· 2011-12-21 ·cited 5×
  The court held that a release and settlement agreement with an initial tortfeasor must clearly reserve a plaintiff's cause of action against a subsequent tortfeasor, or the plaintiff's claims will be barred by the doctrine of equitable subrogation. Because the settlement agreemen
• Am. Cas. Co. v. Health Care Indem., Inc.
  613 F. Supp. 2d 1310· M.D. Fla.· 2009-04-29 ·cited 5×
  The court granted HCI's motion for summary judgment, finding that ACC provided primary coverage for Butler's actions at Greenbrook Nursing Home, and both ACC and HCI provided primary coverage for actions at Edward White Hospital due to mutually repugnant excess clauses. The court
• XL Specialty Ins. Co. v. Skystream, Inc.
  943 So. 2d 848· Fla. 3d DCA· 2006-11-01 ·cited 5×
  The court held that the insurance policy provided coverage and a duty to defend for Virgin and Omnicom, and that the pilot warranty exclusion was invalid. The court also affirmed the stay of counterclaims.
• Gibson v. Mitchell
  16 Fla. 519· Fla.· 1878-01-01 ·cited 5×
  This case addresses whether a co-surety's claim for contribution is barred by a statute of non-claim after the deceased co-surety's estate has been distributed. The court held that the claim is not barred and that a bill in equity can be maintained against the heirs to recover fr
• Suarez Trucking FL Corp. v. Souders
  311 So. 3d 263· Fla. 2d DCA· 2020-10-28 ·cited 4×
  The appellate court affirmed the trial court's denial of a motion to enforce a settlement agreement. The court held that the defendant's attempt to pay the settlement amount to the plaintiff, the plaintiff's attorneys, and the plaintiff's workers' compensation carrier did not con
• Bensoussan v. Banon5
  252 So. 3d 298· Fla. 3d DCA· 2018-07-18 ·cited 4×
  While prior owners cannot challenge removal of personal property during execution of a writ of possession, they may pursue claims for conversion and civil theft based on the defendants' subsequent control of that property after locking them out and refusing them access to retriev
• Akbar Nikooie v. Jpmorgan Chase Bank, N.A.
  183 So. 3d 424· Fla. 3d DCA· 2014-12-10 ·cited 4×
  This appeal involves competing mortgage liens on Miami Beach real estate where multiple lenders made loans with recording and tax compliance issues. The court affirmed most of the trial court's priority determinations but reversed and remanded regarding Nikooie's lien priority an
• 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
• Klein & Heuchan, Inc. v. Costar Realty Info., Inc.
  707 F. Supp. 2d 1287· M.D. Fla.· 2010-04-19 ·cited 4×
  The court held that Klein was not liable for contributory or vicarious copyright infringement because it lacked knowledge of Bell's unauthorized use and did not profit directly from it. The settlement with Bell did not release Klein.
• Healthcare Staffing Solutions, Inc. v. Helene Wilkinson
  5 So. 3d 726· Fla. 1st DCA· 2009-02-19 ·cited 4×
  Healthcare Staffing Solutions appeals a judgment finding it liable for 85% of a hospital's settlement in a medical malpractice case. The appellate court reversed in part, holding that the trial court erred by refusing to consider the negligence of other tortfeasors (physicians) w
• Elliott Goldberg v. State Farm Auto. Mut. Ins. Co.
  922 So. 2d 983· Fla. 4th DCA· 2005-03-22 ·cited 4×
  State Farm sought subrogation against Goldberg for $10,000 it paid to Goldberg's injured passenger after an accident involving State Farm's insured. The court reversed the trial court's judgment, holding that State Farm failed to prove it satisfied the injured party's entire clai
• 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.
• A. Paul Wendel, M.D. v. Daniel Hauser, M.D.
  726 So. 2d 378· Fla. 4th DCA· 1999-02-10 ·cited 4×
  The appellate court affirmed the trial court's decision to grant summary judgment against the appellant. The court held that the medical malpractice presuit screening procedures do not apply to contribution claims, and therefore, the appellant's contribution claim was time-barred
• 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.
• Morrison v. Reed
  635 So. 2d 997· Fla. 3d DCA· 1994-04-19 ·cited 4×
  A lawyer sued for malpractice cannot pursue indemnification, contribution, or equitable subrogation against a third-party beneficiary who benefited from the alleged negligence.
• Transp. Int'l Pool, Inc. v. PAT Salmon & Sons OF Fla., Inc.
  609 So. 2d 658· Fla. 4th DCA· 1992-11-18 ·cited 4×
  Transport International Pool, Inc. (TIP), a trailer lessor, sought indemnification from Pat Salmon & Sons of Florida, Inc., after settling an injury claim where it was determined TIP had no legal liability. The Fourth District reversed summary judgment against TIP, holding that w
• In re Parque Forestal, Inc.
  949 F.2d 504· 1st Cir.· 1991-11-19 ·cited 4×
  The court held that the district court correctly upheld the bankruptcy court's order under 11 U.S.C. § 506(c), allowing recovery from a secured creditor for necessary costs of preserving collateral that directly benefited the creditor.
• Mortoro v. Maloney
  580 So. 2d 822· Fla. 5th DCA· 1991-05-16 ·cited 4×
  This case involves competing claims to foreclosure surplus proceeds following a complex series of debt assignments and guarantees. The court held that Glenn Mortoro was entitled to equitable subrogation to Sun Bank's position and therefore had priority over First Florida Bank's s
• First Union Disc. Brokerage Servs., Inc. v. Milos
  744 F. Supp. 1145· S.D. Fla.· 1990-08-13 ·cited 4×
  The court granted summary judgment for First Union on its claims and the Milos' counterclaim, finding no genuine issue of material fact regarding breach of contract and statutory violations.
• Fid. Nat'l Title Ins. Co. v. United States Dep't OF THE Treas.
  907 F.2d 868· 9th Cir.· 1990-07-02 ·cited 4×
  The court held that a purchaser at a foreclosure sale who was not given notice of a federal tax lien, and who was a volunteer, is not entitled to equitable subrogation to extinguish the federal lien.