Equitable Subrogation

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

• Dannerbeck v. Palmer
  502 F.2d 686· 9th Cir.· 1974-07-17 ·cited 2×
  An indemnitor who fulfills their obligation to a surety is subrogated to the surety's rights in available funds, and a purchaser of future contract proceeds via assignment has priority over a contractor's bankruptcy trustee.
• In re I. C. Herman & Co., Inc. v. Taub
  497 F.2d 1301· 2d Cir.· 1974-05-28 ·cited 2×
  The court held that equitable principles, not solely statutory subrogation, govern the allowance of a customs broker's claim for advanced duties against an insolvent importer.
• Dispatch Servs., Inc. v. The Airport Bank OF Miami
  266 So. 2d 127· Fla. 3d DCA· 1972-07-18 ·cited 2×
  An insurer, subrogated to a depositor's rights after paying for losses due to a bank's negligence in cashing forged checks, appeals the dismissal of a complaint seeking recovery of funds wrongfully paid out by the bank.
• Liberty Mut. Ins. Co. v. Borsari Tank Corp. of Am. & Anheuser-Busch, Inc.
  248 F.2d 277· 2d Cir.· 1957-09-20 ·cited 2×
  The court held that Liberty Mutual was not subrogated to Borsari's contract rights against Anheuser-Busch.
• Md. Cas. Co. v. S. Pac. Co.
  119 F.2d 672· 9th Cir.· 1941-05-15 ·cited 2×
  The court held that a surety is not entitled to pro tanto subrogation until the obligee has been paid in full, and that a conditional tender that imposes an unreasonable condition does not stop the running of interest.
• Northfield Ins. Co. v. Rockhill Ins. Co.
  297 F. Supp. 3d 1279· M.D. Fla.· 2019-11-26 ·cited 1×
  The court held that Northfield sufficiently stated a claim for common law bad faith via equitable subrogation and statutory bad faith, but not via assignment.
• Holmes Reg'l Med. Ctr., Inc. v. Allstate Ins. Co.
  225 So. 3d 780· Fla.· 2017-07-13 ·cited 1×
  The Florida Supreme Court held that a party with an unsatisfied judgment cannot assert an equitable subrogation claim against a subsequent tortfeasor without first fully paying the injured party's damages. The Court reversed the Fifth District's decision allowing contingent subro
• Artiles v. Yurisbel Pino
  184 So. 3d 607· Fla. 3d DCA· 2016-01-27 ·cited 1×
  Jorge Artiles appealed a summary judgment prohibiting him from pursuing damages against his tenant for fire damage to his mortgaged property. The court affirmed, holding that Artiles had assigned his rights to recover for property damage to his mortgage lender, Aurora Loan Servic
• Progressive Express Ins. Co. v. Fla. Dep't OF Fin. Servs. for Aequicap Ins. Co.
  125 So. 3d 201· Fla. 4th DCA· 2013-02-06 ·cited 1×
  Progressive Insurance appeals a summary judgment requiring it to indemnify TBT and Pateo for defense costs in a personal injury suit arising from a truck accident caused by their subcontractor Ortiz. The court held that an indemnification agreement between the insured parties ove
• US Fid. & Guar. v. Liberty Surplus Ins.
  485 F. Supp. 2d 1326· M.D. Fla.· 2007-05-02 ·cited 1×
  US Fidelity & Guaranty, as surety for a general contractor, sued two insurers to recover settlement payments made on construction claims. The excess carrier Liberty Surplus then sued other insurers for contribution and subrogation. The court denied One Beacon's motion to dismiss
• Williams v. Aloisi
  271 B.R. 676· M.D. Fla.· 2002-01-15 ·cited 1×
  The court affirmed the bankruptcy court's denial of relief from the automatic stay but reversed and remanded the denial of equitable relief against the debtor's home, requiring further findings on the debtor's knowledge of the use of stolen funds.
• Allstate Ins. Co. v. Glassman
  729 So. 2d 485· Fla. 3d DCA· 1999-03-24 ·cited 1×
  Allstate Insurance Company appealed the trial court's judgment limiting its recovery from joint tortfeasors Glassman and Interamerican to 50% of damages paid to an uninsured motorist claimant. The court affirmed, holding that Allstate's failure to plead equitable subrogation in t
• In re Air Crash Near Cali
  24 F. Supp. 2d 1340· S.D. Fla.· 1998-02-25 ·cited 1×
  The court held that Florida law, rather than federal common law or the laws of Arizona or Colorado, governs the contribution claims, and denied the third-party defendants' motions for summary judgment.
• Providence Wash. Ins. Co. v. S. Guar. Ins. Co.
  667 So. 2d 323· Fla. 1st DCA· 1995-10-24 ·cited 1×
  Providence Washington Insurance Company, an excess insurer, appeals the denial of its motion to intervene in a declaratory judgment action where the primary insurer Southern Guarantee sought to terminate its duty to defend after exhausting policy limits. The court reversed, holdi
• Bunger v. Hartman
  851 F. Supp. 461· S.D. Fla.· 1994-03-10 ·cited 1×
  The court denied the motion to dismiss the CERCLA claims but dismissed the common law claims without prejudice, declining supplemental jurisdiction.
• Travelers Cas. & Sur. Co. OF Am. v. Blackbaud, Inc.
  Del.· 2026-02-13
  Insurance companies sued Blackbaud as subrogees/assignees of clients harmed by a ransomware attack, seeking to recover investigation and remediation expenses they paid out under cyber insurance policies. The Delaware Supreme Court reversed dismissal of the breach of contract clai
• Zurich Am. Ins. Co. v. Walker
  11th Cir.· 2025-12-22
  The Eleventh Circuit affirmed the district court's dismissal of Zurich's complaint in intervention, finding its claims were moot and time-barred.
• Brown v. Towd Point Mortg. Tr. 2017-6
  Fla. 4th DCA· 2025-10-22
  A mortgage on homestead property executed by only one spouse without the other spouse's joinder is ineffective as a lien and cannot support foreclosure, even if it is a purchase money mortgage, because Article X, Section 4(c) of the Florida Constitution requires spousal joinder f
• Certain Underwriters at Lloyd's London v. Cirsco
  M.D. Fla.· 2025-03-05
  The court held that neither party is entitled to summary judgment because genuine disputes of material fact remain regarding subrogation, breach, and causation.
• Great Am. Alliance Ins. Co. v. Auto-Owners Ins. Co.
  M.D. Fla.· 2025-02-11
  The court held that the defendant's discovery requests were relevant and proportional to the needs of the case, and the plaintiff's objections were overruled.
• Leathers v. Specialized Loan Servicing LLC
  N.D. Fla.· 2025-02-04
  The court held that the federal district court lacked subject matter jurisdiction due to the Rooker-Feldman doctrine, and alternatively, that the claims were barred by res judicata.
• BC Dental, Inc. v. FSH Maint., LLC
  M.D. Fla.· 2024-12-20
  The court granted summary judgment for the plaintiffs on the negligence claim (Count I) because the defendant breached its duty to properly repair the helicopter, but stayed the common law indemnity (Count II) and equitable subrogation (Count III) claims pending the resolution of
• Gemini Ins. Co. v. Zurich Am. Ins. Co.
  119 F.4th 1296· 11th Cir.· 2024-10-23
  The Eleventh Circuit held that Gemini's 'other insurance' clause is excess to Zurich's, reversing the district court's pro rata allocation and remanding for a $1,000,000 judgment for Gemini. The court also affirmed the award of prejudgment interest on the first $500,000 and direc
• Mt. Hawley Ins. Co. v. Plymouth Plaza, LLC.
  S.D. Fla.· 2024-10-11
  The court held that the defendant failed to meet its burden to dismiss the insurer's claim for recoupment of defense costs, and therefore, reconsideration of the prior dismissal order was warranted.
• Fla. Beauty Express, Inc. v. JVN Express, Inc.
  S.D. Fla.· 2024-09-20
  The court recommended granting plaintiff's motion for final default judgment, finding that the defendant's default admitted the well-pleaded allegations establishing liability under the Carmack Amendment and that the plaintiff sufficiently demonstrated its damages.
• Allied Prop. & Cas. Ins. Co. v. Dupre Logistics, LLC
  M.D. Fla.· 2024-09-16
  The court held that the Carmack Amendment claim (Count IV) could proceed because the plaintiff plausibly alleged the defendant acted as a motor carrier, and the FAAAA preempts the negligence claims (Count V) against the defendant acting as a broker.
• Nautilus Ins. Co. v. Penn-America Ins. Co.
  M.D. Fla.· 2024-09-06
  The court held that the plaintiff's complaint did not sufficiently establish the amount in controversy for diversity jurisdiction.
• Irick, III v. Jones
  389 So. 3d 753· Fla. 2d DCA· 2024-06-21
  Andrew Irick appeals a trial court judgment finding him contractually and primarily liable for debt incurred by his coworker Dustin Jones, and denying him equitable subrogation relief. The appellate court affirmed the judgment because Irick failed to provide a trial transcript to
• Prime Prop. & Cas. Ins., Inc. v. Old Republic Ins. Co.
  S.D. Fla.· 2024-04-22
  The court held that FTL and Holguin are not permissive insureds under Old Republic's policy because the lease agreement did not contain the necessary language to extend coverage. The court also found that Prime's policy is primary for FTL and Holguin.
• United Fire & Cas. Co. v. Progressive Express Ins. Co.
  M.D. Fla.· 2023-09-30
  The court denied Plaintiff's motions for judgment as a matter of law and for a new trial, finding that the jury's verdict for the defendant was supported by legally sufficient evidence and that no reversible errors occurred during the trial.
• Uniq Branch Off. Mexico v. Steel Media Grp., LLC
  S.D. Fla.· 2023-09-26
  The court granted in part and denied in part the defendants' motion to dismiss. The court dismissed claims for fraudulent inducement, constructive trust, indemnification, subrogation, civil conspiracy, and civil theft. The court denied dismissal for breach of contract and unjust
• Atl. Specialty Ins. Co. v. R L Burns Inc.
  M.D. Fla.· 2023-06-12
  The court granted Plaintiff's motion to extend the preliminary injunction, finding that the requirements for such an injunction were met, and stayed the case as to one defendant due to bankruptcy.
• S. Gardens Citrus Processing Corp. v. S. Owners Ins. Co.
  M.D. Fla.· 2023-06-09
  The court held that SOIC's contingent claims for indemnity and subrogation against Langley were not premature and were sufficiently alleged, but the third-party complaint was dismissed without prejudice for failing to explicitly link claims to contractual subrogation language.
• Hidalgo v. Binder
  Fla. 3d DCA· 2023-01-11
  The trial court abused its discretion in granting the plaintiffs' Rule 1.540(b) motion for relief from judgment because the plaintiffs failed to demonstrate excusable neglect and were improperly allowed to raise a new substantive defense (equitable subrogation) that should have b
• United States Fire Ins. Co. v. Finemark Nat'l Bank & Tr.
  M.D. Fla.· 2023-01-10
  The court held that a constructive trust claim fails when an adequate remedy at law exists, but a negligent misapplication claim can proceed if the funds may have been a special deposit creating a duty.
• State of Fla. Dep't of Fin. Servs. v. Ace Am. Ins. Co.
  S.D. Fla.· 2022-09-30
  The court held that the defendant failed to establish federal subject matter jurisdiction based on diversity, as the amount in controversy was not sufficiently proven.
• Gemini Ins. Co. v. Zurich Am. Ins. Co.
  M.D. Fla.· 2022-08-22
  Where two insurance policies contain mutually repugnant excess 'other insurance' clauses, Florida law requires apportionment of liability on a pro rata basis according to policy limits.
• McKesson Global Sourcing Ltd. v. M.C. Johnson Co., Inc.
  M.D. Fla.· 2022-07-29
  The court granted in part and denied in part the motion to dismiss, dismissing the equitable setoff and subrogation claims for failure to state a claim and lack of ripeness, respectively, while allowing the breach of contract claim to proceed.
• N. Am. Leasing, Inc.
  Del.· 2022-04-11
  The Delaware Supreme Court affirmed the Court of Chancery's decision, holding that the notice of indemnification claims was timely under the agreement and that the defendants waived their affirmative defense of set-off/recoupment. The court found that the "but in any event" claus
• Fabrica de Fideos Rivoli, S.A. v. Famex Invs. Ltd.
  Fla. 3d DCA· 2021-12-08
  The doctrine of equitable subrogation allows a person who has satisfied another's debt obligation to stand in the shoes of the original creditor and succeed to its rights and priorities.
• Southern-Owners Ins. Co. v. Fla. Constr. Servs., Inc.
  M.D. Fla.· 2021-10-29
  The court denied Southern-Owners' motion for summary judgment and granted First Mercury's motion, finding that Grady Square and Richman are additional insureds under the Southern-Owners policy.
• Am. Builders Ins. Co. v. Southern-Owners Ins. Co.
  S.D. Fla.· 2021-07-15
  The court granted in part and denied in part motions in limine, excluding evidence of a duty to defend and comparative bad faith, but allowing evidence relevant to the sole bad faith claim.
• Seneca Ins. Co., Inc. v. Kumho Tire U.S.A., Inc.
  M.D. Fla.· 2021-06-14
  Summary judgment is granted for the defendant because the plaintiff failed to present evidence that the defendant manufactured the tire that failed or that the collected tread pieces came from the failed tire.
• Interested Lloyds Underwriters v. DHL Global Forwarding
  S.D. Fla.· 2020-12-22
  Interested Lloyds Underwriters, a group of London-based insurance underwriters, sued Danzas Corporation d/b/a DHL Global Forwarding to recover for damage to a shipment of mayonnaise that was transported at an incorrect temperature during ocean transport, claiming Defendant breach
• JAK Cap., LLC v. Adams
  Fla. 2d DCA· 2020-12-09
  The appellate court reversed a lower court's decision that stripped a mortgage from a home. The court found the trial court erred by granting relief based on fraud, which was not pleaded by the homeowners, and by not requiring proof that the lender participated in or was aware of
• Beyel Bros., Inc. v. EMH, Inc.
  S.D. Fla.· 2020-12-07
  The court held that the defendant's motion for a certificate of appealability under Fed. R. Civ. P. 54(b) must be denied because the counterclaim was not a distinct and severable cause of action from the main claims.
• Beyel Bros., Inc. v. EMH, Inc.
  S.D. Fla.· 2020-10-20
  The court held that the defendant failed to demonstrate good cause for filing a counterclaim after the scheduling order deadline, thus denying the motion for leave to amend.
• Fifth Third Bank N.A. v. Lee Cnty. Clerk of Court
  M.D. Fla.· 2020-08-26
  The Court held that a third-party complaint against the United States must plead a waiver of sovereign immunity to establish subject matter jurisdiction.
• Pratt v. Gov't Emps. Ins. Co.
  M.D. Fla.· 2020-07-02
  Pratt, as assignee of Eason, sued her insurer GEICO for bad faith in failing to settle a bodily injury claim arising from a 2006 multi-vehicle accident that exceeded the policy's $50,000 per-occurrence limit. The court granted GEICO summary judgment because Pratt failed to obtain
• The Cincinnati Ins. Co. v. Superior Guar. Ins. Co.
  M.D. Fla.· 2020-02-26
  An insurer cannot bring a subrogation claim if its insured waived subrogation rights against the party whose insurer is being sued, especially when the contract intended parties to look to their own insurance.