Equitable Subrogation

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

• W. Am. Ins. Co. v. Best Prods. Co., Inc.
  541 So. 2d 1302· Fla. 4th DCA· 1989-04-12 ·cited 4×
  An insurer pursuing a contribution claim under Florida Statute § 768.31 stands in the shoes of its insured and must commence the action within one year after the judgment becomes final, the same deadline that applies to the insured tortfeasor.
• In re NWFX, Inc. v. Crown Convenience
  864 F.2d 588· 8th Cir.· 1988-11-30 ·cited 4×
  The court held that unjust enrichment should be measured by the total amount of money received, not by the amount not dissipated.
• 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
• In re Glade Springs, Inc. v. Craig
  826 F.2d 440· 6th Cir.· 1987-08-13 ·cited 4×
  A confirming bank that pays a beneficiary under a letter of credit is equitably subrogated to the rights of the issuing bank, which held a deed of trust as security.
• Ins. Co. OF N. Am. v. Sullivan
  475 So. 2d 287· Fla. 5th DCA· 1985-09-12 ·cited 4×
  The Fifth District Court of Appeal denied a petition for certiorari filed by a city seeking to bring a third-party equitable subrogation claim against health care providers in consolidated negligence actions. The court held that while judicial economy might support allowing such
• Valentine v. Liberty Mut. Ins. Co.
  620 F.2d 583· 6th Cir.· 1980-05-06 ·cited 4×
  Under Michigan law, an excess liability claim against a primary insurer requires a showing of bad faith, not mere negligence, in handling the claim or failing to notify the insured of potential excess liability.
• United Bonding Ins. Co. v. Catalytic Constr. Co.
  533 F.2d 469· 9th Cir.· 1976-03-29 ·cited 4×
  The Assignment of Claims Act does not apply to claims against a private cost-plus government contractor, and a contractor may be liable for continuing payments to a contractor after notice of an equitable subrogee's rights if it abuses its discretion.
• The Aetna Cas. & Sur. Co. v. The United States
  526 F.2d 1127· Ct. Cl.· 1975-12-17 ·cited 4×
  The Government is entitled to set off its claims against unpaid contract balances, even when those claims arise from a contract where the surety was not involved and the Government failed to obtain a required bond.
• Atlas Assurance Co., Ltd. v. Harper
  508 F.2d 1381· 9th Cir.· 1975-01-07 ·cited 4×
  The court held that the insurer is not entitled to subrogation against the carrier because the shipper, who procured the insurance, is an Assured under the policy, and a suit against the carrier would effectively be a suit against the Assured.
• United States For the Use & Benefit of James E. Simon Co., Inc. v. Ardelt-Horn Constr. Co. & St. Paul Fire & Marine Ins. Co.
  446 F.2d 820· 8th Cir.· 1971-08-17 ·cited 4×
  A subcontractor cannot recover on a Miller Act performance bond for labor and materials furnished, either as a third-party beneficiary or through equitable subrogation.
• Aetna Cas. & Sur. Co. v. Ocean Accident & Guar. Corp., Ltd.
  386 F.2d 413· 3d Cir.· 1967-11-30 ·cited 4×
  The court held that the replacement of a cooling system by an independent contractor constituted operations performed for the insured, and the resulting accident arose out of those operations, thus falling within the policy's coverage for independent contractor operations.
• Cap. Ins. & Sur. Co., Inc. v. Globe Indem. Co.
  382 F.2d 623· 9th Cir.· 1967-09-18 ·cited 4×
  The court held that the district court did not err in finding Carolan was not covered by the Globe policy and that Capital's policy limits were not restricted, thus affirming the judgment for Globe on equitable subrogation.
• Edlin v. Sec. Ins. Co.
  269 F.2d 159· 7th Cir.· 1959-06-04 ·cited 4×
  The court held that the Edlins suffered a loss under their fire insurance policies despite receiving payment for the property through eminent domain, and that the Authority was not entitled to the insurance proceeds via equitable subrogation.
• Brotheridge v. Option ONE Mortg. Corp. & GRP Loan, LLC
  67 So. 3d 254· Fla. 2d DCA· 2010-11-17 ·cited 3×
  The Brotheridges appeal a summary judgment foreclosure entered against them on a refinanced mortgage. The court reversed, finding material factual disputes exist regarding whether the lender properly paid off prior mortgages and whether equitable subrogation permits foreclosure w
• Centex-Rodgers Constr. Co. v. Herrera
  816 So. 2d 1206· Fla. 4th DCA· 2002-05-22 ·cited 3×
  The Fourth District Court of Appeal affirmed the trial court's denial of a collateral source set-off for disability insurance payments received by the plaintiff. The court held that disability payments are collateral source payments subject to a common law right of equitable subr
• Frontier Ins. Co. v. Pinecrest Preparatory Sch. Inc.
  658 So. 2d 601· Fla. 4th DCA· 1995-07-19 ·cited 3×
  A general liability insurance policy covers an injury arising from the use of a trailer as a playground ride, even if an auto policy also covers the incident, because the policy's exclusions for 'auto' and 'mobile equipment' are ambiguous and must be construed against the insurer
• Earle v. Se. Bank, N.A.
  590 So. 2d 1072· Fla. 2d DCA· 1991-12-20 ·cited 3×
  A bank is not entitled to equitable subrogation when it pays its own obligation on a cashier's check, rather than an obligation of a guarantor.
• Jea Min HAN v. United States
  944 F.2d 526· 9th Cir.· 1991-09-11 ·cited 3×
  Purchasers who pay off an existing encumbrance are entitled to equitable subrogation to the priority of the paid-off lien, even if their agent had knowledge of a subsequently recorded tax lien, as long as the purchasers themselves had only constructive notice.
• Marks Bros. Paving Co. v. Louts E. Ouellet & N. Dade Plumbing, Inc.
  124 So. 2d 514· Fla. 3d DCA· 1960-11-21 ·cited 3×
  In this mortgage foreclosure case, the court addressed the priority of liens when junior lienholders are not joined in foreclosure proceedings. Marks Brothers Paving Co. sought to quiet title to property after two competing foreclosures, claiming priority based on holding a later
• Vista Fin. Grp., LLC v. THE Bank of NEW York Mellon
  Fla. 3d DCA· 2021-07-28 ·cited 2×
  Vista Financial Group and a junior lienholder appealed the dismissal of counts seeking to set aside a 2014 foreclosure judgment and revert title from the Tselesins, innocent third-party purchasers. The court affirmed the dismissal, holding that the Tselesins qualify for protectio
• Certain Underwriting Members of Lloyd's v. Prime Holdings Ins. Servs., Inc.
  306 So. 3d 1086· Fla. 3d DCA· 2020-08-12 ·cited 2×
  The appellate court affirmed the trial court's dismissal of a lawsuit based on the doctrine of forum non conveniens. The court found that Utah was a more convenient and appropriate forum for the dispute, given the parties' connections and the existence of a related case already p
• Humana Med. Plan, Inc. v. W. Heritage Ins. Co.
  880 F.3d 1284· 11th Cir.· 2018-01-25 ·cited 2×
  The dissenting opinion argues that Medicare Advantage Organizations (MAOs) do not have a private cause of action under the Medicare Secondary Payer Act (MSP Act) to recover double damages from liability insurers. The dissent contends that the statutory text and policy behind the
• United States Fid. & Guar. Co. v. Essex Ins. Co. & Fed. Ins. Co.
  188 So. 3d 906· Fla. 1st DCA· 2016-03-21 ·cited 2×
  USF&G appeals a summary judgment requiring it to pay $600,000 it received from Federal Insurance to Essex Insurance. The court reversed, holding that Essex failed to establish the necessary elements for equitable subrogation, particularly that it did not pay the entire underlying
• Pilot Constr. Servs., Inc. v. Babe's Plumbing, Inc.
  111 So. 3d 955· Fla. 2d DCA· 2013-04-24 ·cited 2×
  Pilot Construction Services appeals a summary judgment in favor of Babe's Plumbing, which Babe's obtained based on a release agreement between Babe's and New College and the applicability of section 725.06, Florida Statutes. The appellate court reversed, holding that the release
• Malamud v. Syprett
  117 So. 3d 434· Fla. 2d DCA· 2013-04-05 ·cited 2×
  The appellate court affirmed the trial court's final judgment awarding damages for unjust enrichment to a party who had personally guaranteed a business loan, and also affirmed the trial court's rulings on claims of equitable contribution and subrogation.
• Hartford Ins. Co. of Midwest v. Koeppel
  629 F. Supp. 2d 1293· M.D. Fla.· 2009-05-05 ·cited 2×
  The court held that an insurer has standing to bring legal malpractice and breach of contract claims against an attorney hired to represent its insured, as the insurer is considered to be in privity or an intended third-party beneficiary.
• 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
• Griffin, Inc. v. Loomis
  979 So. 2d 416· Fla. 2d DCA· 2008-04-23 ·cited 2×
  Griffin, Inc. sought contribution and equitable subrogation from Loomis after settling an employee's negligence claim arising from a defective armored van. Griffin invoked the dual persona doctrine to circumvent workers' compensation immunity, but the court affirmed summary judgm
• Auto-Owners Ins. Co. v. Am. Yachts, Ltd.
  492 F. Supp. 2d 1379· S.D. Fla.· 2007-06-21 ·cited 2×
  The court held that an excess insurer's bad faith claim against a primary insurer is derivative of the insured's claim and is barred if the insured has been released from all liability, extinguishing the underlying claim and the possibility of an excess judgment.
• Progressive Am. Ins. Co. v. Nationwide Ins. Co.
  949 So. 2d 293· Fla. 1st DCA· 2007-02-14 ·cited 2×
  Progressive Insurance appealed a summary judgment dismissing its bad faith claim against Nationwide Insurance. The court held that a primary insurance carrier owes a duty of good faith to an excess carrier under Florida law, reversing the summary judgment and remanding for trial.
• The Royal Admin., Inc. v. Hannover Life Reassurance Co. OF Am.
  848 So. 2d 1244· Fla. 3d DCA· 2003-07-09 ·cited 2×
  Royal Administration sought reimbursement from reinsurers for insurance claims it paid on behalf of Sterling Investors Life Insurance Company, but both Sterling and the reinsurers refused payment, each claiming the other was responsible. The trial court dismissed Royal's complain
• 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.
• Barclay's Bank PLC v. Dresdner Bank Lateinamerika A.G. (In Re Lancaster Steel Co.)
  284 B.R. 152· S.D. Fla.· 2002-09-03 ·cited 2×
  The court held that the bankruptcy court erred in granting summary judgment for the issuer of a letter of credit, as the funds drawn in excess of the amount needed for retainage were property of the bankruptcy estate, not the issuer, due to the independence principle of letter of
• Lincoln Nat'l Health & Cas. v. Mitsubishi Motor Sales
  778 So. 2d 392· Fla. 5th DCA· 2001-01-19 ·cited 2×
  Lincoln National Health & Casualty Company appealed a summary judgment denying its equitable subrogation claim against tortfeasors who settled with an injured insured. The court reversed, applying the law of the case doctrine to enforce its prior holding that Florida tort law (no
• Centex-Rodgers Constr. Co. v. Herrera
  761 So. 2d 1215· Fla. 4th DCA· 2000-06-28 ·cited 2×
  A jury awarded a plaintiff over $750,000 in a negligence case. The trial court upheld the verdict but reduced the award by a setoff for insurance payments. The appellate court affirmed the verdict but reversed the setoff, holding that section 768.76(1) does not permit reduction f
• Ins. Co. OF N. Am. v. Quality Commercial Grp., Inc.
  687 So. 2d 960· Fla. 5th DCA· 1997-02-14 ·cited 2×
  Insurance Company of North America appealed a summary judgment dismissing its subrogation lawsuit against Quality Commercial Group, a construction contractor. The Florida appellate court reversed, holding that INA's action was timely under equitable subrogation principles rather
• United States Fid. & Guar. Co. v. Ernest Constr. Co.
  854 F. Supp. 1545· M.D. Fla.· 1994-06-20 ·cited 2×
  The court held that the surety's motion for summary judgment on the grounds of the Miller Act's time limitation and subrogation rights was denied, as genuine issues of material fact remained.
• Union Bankers Ins. Co. v. DiPAOLO
  627 So. 2d 1207· Fla. 4th DCA· 1993-12-01 ·cited 2×
  Union Bankers Insurance Company appealed a decision requiring it to pay health insurance benefits for a minor's medical expenses, arguing that a prior settlement with the tortfeasor barred its subrogation claim. The Florida appellate court affirmed, holding that the settlement re
• Int'l Fid. Ins. Co. v. United States
  949 F.2d 1042· 8th Cir.· 1991-11-27 ·cited 2×
  A surety's equitable right of subrogation to progress payments arises at the contractor's default, not at the execution of the surety bond, and thus its priority over a federal tax lien depends on the timing of the default relative to the tax lien filing.
• Colonia Ins. Co. v. Assuranceforeningen Skuld
  588 So. 2d 1009· Fla. 3d DCA· 1991-10-08 ·cited 2×
  A forum selection clause in an insurance contract between a primary insurer and its insured member applies only to disputes between those parties, not to a subrogation action by an excess carrier against the primary insurer, because the excess carrier is not a party to the origin
• 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.
• Liberty Mut. Ins. Co. v. Batch AIR Universal Inc.
  559 So. 2d 1189· Fla. 3d DCA· 1990-02-27 ·cited 2×
  A workers' compensation carrier cannot recover from a third-party tortfeasor when it fails to intervene in timely estate litigation or file its own action within two years of the employee's death, even if it notified the tortfeasor of compensation payments.
• Hartford Accident & Indem. Co. v. Travelers Indem. Co.
  554 So. 2d 559· Fla. 1st DCA· 1989-12-08 ·cited 2×
  Hartford Accident & Indemnity Company appealed orders granting summary judgment and dismissing its complaint seeking contribution from Travelers Indemnity Company. The court affirmed, holding that Hartford, a third-party insurer not in privity with Travelers, cannot sustain a con
• In re Teerlink Ranch Ltd. v. Lambert
  886 F.2d 1233· 9th Cir.· 1989-10-06 ·cited 2×
  A debtor in possession exercising rights under 11 U.S.C. § 544(a) cannot use those powers to avoid its own pre-bankruptcy debts by obtaining an assignment of a debt it paid. The bankruptcy court's order approving a settlement did not collaterally estop a party from later seeking
• 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.
• Hornstein v. Guar. Ins. Co.
  471 So. 2d 108· Fla. 3d DCA· 1985-05-28 ·cited 2×
  A seller appeals summary judgment for an insurance company that paid federal tax liens on property the seller had warranted to be free of encumbrances. The court affirms, holding that equitable subrogation and unjust enrichment doctrines allow the insurer to recover from the sell
• Little v. United States
  709 F.2d 517· 9th Cir.· 1983-05-16 ·cited 2×
  The court held that the purchaser of property from the State, which had acquired the property via tax deed, was not entitled to equitable subrogation to the extinguished county tax lien because the purchaser did not discharge the lien.
• ST. Paul Fire & Marine Ins. Co. v. Mich. Nat'l Bank OF Detroit
  660 F.2d 196· 6th Cir.· 1981-09-23 ·cited 2×
  A surety, after paying a subcontractor and taking an assignment of the subcontractor's claim against a bank for untimely dishonor of a check, cannot recover from the bank if the subcontractor received full satisfaction and released the surety.
• Gen. Accident Fire & Life Assurance Corp., Ltd. v. Am. Cas. Co. of Reading
  390 So. 2d 761· Fla. 3d DCA· 1980-11-18 ·cited 2×
  The court reviewed an insurance policy exclusion for windstorm damage to pool enclosures, as amended by an endorsement, to determine if a screened pool enclosure was covered.
• Segovia Dev. Corp. & Fed. Ins. Co. v. Constructora Maza, Inc.
  628 F.2d 724· 1st Cir.· 1980-08-25 ·cited 2×
  A surety who pays a bankrupt contractor's laborers and materialmen has a superior right to contract retainages over the contractor's receiver in bankruptcy under Puerto Rican law, aligning with general U.S. subrogation principles.