Equitable Subrogation

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

• Entourage Custom Jets, LLC v. Air One MRO, LLC
  S.D. Fla.· 2020-02-20
  The court held that the defendants' motion to exclude the plaintiff's expert witness testimony is denied, as the expert is qualified, his methodology is sufficiently reliable, and his testimony will be helpful to the trier of fact.
• Nat'l Fire Ins. Co. of Hartford v. Johnson Controls Fire Prot. LP
  S.D. Fla.· 2019-10-10
  The court held that the plaintiff failed to state a plausible negligence claim because the complaint did not allege facts establishing that the defendant owed a duty of care to the plaintiff's subrogor under the undertaker's doctrine, particularly as the claim involved economic l
• Lacayo v. U.S. Bank Tr., N.A.
  Fla. 3d DCA· 2019-10-02
• Nasdi Holdings, LLC
  Del. Ch.· 2019-04-08
  The Court granted summary judgment for the plaintiffs, finding that the defendants breached the purchase agreement by failing to indemnify the plaintiffs for losses incurred due to a letter of credit. The court determined that the notice provision relied upon by the defendants di
• Zhao v. Premier Am. Bank
  272 So. 3d 466· Fla. 3d DCA· 2019-03-27
  Summary judgment for foreclosure and on the standing issue must be reversed because genuine issues of material fact exist regarding whether the property owner retained sufficient ownership interest after executing a purchase and sale contract.
• Cone v. U.S. Bank Tr., N.A.
  265 So. 3d 698· Fla. 4th DCA· 2019-02-27
  Appellants challenge a final summary judgment granting an equitable subrogation lien to U.S. Bank Trust for a 2003 refinance on a mortgage originally signed by both spouses in 2001. The appellants contest both the validity of the equitable subrogation claim and the amount of the
• Bankers Lending Co., LLC v. Jacobson
  253 So. 3d 1174· Fla. 5th DCA· 2018-08-10
  Bankers Lending Company, a junior mortgagee on a half-acre parcel, redeemed a senior mortgage held by Pennymac and sought to foreclose on the entire ten-acre property through equitable subrogation. The trial court limited Bankers' foreclosure rights to only the half-acre parcel i
• Bankers Lending v. Jacobson
  Fla. 5th DCA· 2018-08-06
  A junior mortgagee who pays off an entire senior mortgage debt is entitled to equitable subrogation to all rights of the senior mortgagee, including the right to foreclose on the entire mortgaged property, provided the five elements of equitable subrogation are met and the doctri
• Zdzislaw Jessee Rozanski v. Wells Fargo Bank
  250 So. 3d 747· Fla. 2d DCA· 2018-06-22
  While an equitable lien may be imposed through subrogation when a party discharges another's debt, foreclosure of that lien is improper unless the party seeking foreclosure demonstrates that the original debtor was in default on the underlying obligation at the time the debt was
• Peninsula II Developers, Inc. v. Gryphon Constr., LLC
  208 So. 3d 1239· Fla. 3d DCA· 2017-01-25
• E. Sav. Bank, FSB
  Del.· 2015-09-28
  The Delaware Supreme Court affirmed the Superior Court's decision, holding that the doctrine of equitable subrogation is inapplicable to the facts of this case. The Court found that Delaware's pure race recording statute, 25 Del. C. § 2106, governs the priority of liens, and that
• Wells Fargo Bank, N.A. v. Clavero
  201 So. 3d 72· Fla. 3d DCA· 2015-09-02
  Wells Fargo sought to foreclose on a residential mortgage executed by only one of four property owners. The trial court entered a foreclosure judgment against all four owners based on the doctrine of ratification but stayed enforcement as to two owners while the property remained
• Tern BAY Cmty. Dev. Dist. v. Ryangolf Corp.
  153 So. 3d 964· Fla. 2d DCA· 2014-12-31
  The court held that Ryangolf could not recover damages for work already paid for by another entity, nor could it execute on the CDD's property.
• AG Grp. Invs., LLC v. ALL Realty Alliance Corp.
  106 So. 3d 950· Fla. 3d DCA· 2013-01-02
  The court held that a junior mortgage holder's interest is not extinguished until the filing of a certificate of sale, not merely upon the entry of a foreclosure judgment.
• Sherman v. Deutsche Bank Nat'l Tr. Co. for Long Beach Mortg. Loan Tr. 2006-10
  100 So. 3d 95· Fla. 3d DCA· 2012-08-22
  The Shermans, who held a second mortgage, appeal a judgment granting Deutsche Bank's predecessor (WaMu) an equitable lien with priority over their duly-recorded mortgage based on equitable subrogation. The court reversed, finding that application of equitable subrogation harmed t
• Healthcare Staffing Solution, Inc. v. Helene Wilkinson
  86 So. 3d 519· Fla. 1st DCA· 2012-03-12
  Healthcare Staffing Solution appeals a contribution judgment requiring it to pay UMC $3,825,000 based on a calculated pro rata share of the underlying malpractice claim's potential value of $15 million. The court holds that 'entire liability' in the contribution statute means the
• State Nat'l v. Michael
  15th Cir. Ct. App. Div.· 2010-10-21
  State National Insurance Company appealed the trial court's dismissal of its equitable subrogation claim against Victor Michael, arguing it adequately pleaded the cause of action despite a four-year statute of limitations argument. The appellate court reversed, holding that the s
• Discover Prop. & Cas. Ins. v. Lexington Ins.
  664 F. Supp. 2d 1296· S.D. Fla.· 2009-10-16
  The court held that Lexington's commercial general liability policy did not provide coverage for Albertson's liability arising from the accident because the auto exclusion was triggered by the imputation of the driver's actions to Albertson's, and the joint venture was not a name
• Jones v. Jeld-Wen, Inc.
  1997 WL 629827· S.D. Fla.· 2008-06-13
  The court denied the motion for class certification because the plaintiffs failed to satisfy the predominance requirement of Federal Rule of Civil Procedure 23(b)(3), as individual issues regarding causation predominated over common issues.
• J.C. Gibson Plastering Co. v. XL Specialty Ins.
  521 F. Supp. 2d 1326· M.D. Fla.· 2007-10-08
  The court held that XL failed to comply with the bond's notice and response requirements, and this failure operates as a waiver of its right to dispute the claim.
• Fid. & Cas. Co. OF NEW York v. State Farm Fire & Cas. Co.
  947 So. 2d 1194· Fla. 3d DCA· 2007-01-24
  Fidelity & Casualty appealed from a summary judgment requiring it to pay a pro-rata share of a settlement in an excess liability coverage dispute. The court reversed, holding that Fidelity's policy contained an unambiguous automatic termination provision that terminated coverage
• Ayman Boutros, M.D. v. Oscar MIÑOSO, M.D.
  944 So. 2d 1076· Fla. 3d DCA· 2006-11-01
  Dr. Boutros and Dr. Miñoso were equal owners of a medical practice that ceased operations in 2001. Dr. Boutros paid the Wachovia loan and lease termination penalties, then sued Dr. Miñoso for equitable contribution, unjust enrichment, and equitable subrogation. The trial court er
• Twin City Fire Ins. Co. v. Jones
  918 So. 2d 403· Fla. 5th DCA· 2006-01-20
  Twin City Fire Insurance Company appeals a summary judgment granted to defendants Jason Jones and Kayla Heald in a subrogation case. The court reversed, holding that a settlement release executed by the insured cannot bar the insurer's subrogation action against a third-party tor
• Garal Corp. v. Poceiro
  888 So. 2d 681· Fla. 3d DCA· 2004-11-17
  Garal Corporation appeals a summary judgment foreclosure in favor of Poceiro and Alvarez, who purchased one condominium at foreclosure and paid the mortgage debt securing two condominiums. The court reverses, holding that while equitable subrogation applies to prevent unjust enri
• Capitol Indem. Corp. v. Heidkamp
  312 B.R. 437· M.D. Fla.· 2003-05-05
  A surety's equitable subrogation rights to contract funds, arising from satisfying payment and performance obligations after a contractor's default and conversion to Chapter Seven, relate back to the commencement of the parties' relationship and are superior to the Chapter Seven
• Hughes v. Amerada Hess Corp.
  965 F. Supp. 2d 402· M.D. Fla.· 1999-06-28
• Mathias v. The Uniroyal Goodrich Tire Co.
  677 So. 2d 328· Fla. 3d DCA· 1996-05-01
  This appeal concerns whether a tortfeasor can seek contribution from a co-tortfeasor who was previously exonerated in a separate action brought by the same injured party. The court held that a judgment exonerating one tortfeasor in an action where a second tortfeasor was not a pa
• Seminole Heights United Methodist Church, Inc. v. Kirit Patel
  660 So. 2d 801· Fla. 2d DCA· 1995-09-22
  The court held that the amended complaint was not a sham pleading and should not have been struck.
• Reynard v. NEC Corp.
  887 F. Supp. 1500· M.D. Fla.· 1995-05-17
  The court granted summary judgment for the defendants, finding the plaintiffs failed to present admissible evidence establishing medical causation for their wrongful death claim.
• United States v. Zenowia Baran
  996 F.2d 25· 2d Cir.· 1993-06-14
  The court held that the creation and valuation of the life estate were proper, but remanded for further consideration of equitable subrogation.
• Dietrich Indus., Inc. v. United States
  988 F.2d 568· 5th Cir.· 1993-04-16
  Under Texas law of equitable subrogation, a purchaser of encumbered property who discharges a senior lien as part of the purchase price is entitled to subrogate to the senior lienholder's position of priority over a junior recorded lien.
• Transamerica Ins. Co. v. The United States
  989 F.2d 1188· Fed. Cir.· 1993-03-24
  A surety who completes a defaulted contract is subrogated to the government's right to set off losses from that contract against funds owed to the contractor on a separate contract, even if the government has no competing claim to those funds.
• Liberty Corp. v. NCNB Nat'l Bank OF S.C. for the Est. of John M. Bristow
  984 F.2d 1383· 4th Cir.· 1993-01-29
  The dissenting judge would hold that the North Carolina Wrongful Death Act's anti-subrogation provision is preempted by ERISA to the extent it bars subrogation of medical costs recovered from a tortfeasor.
• Fijnje v. State
  609 So. 2d 672· Fla. 3d DCA· 1992-11-24
  The court held that the trial court erred in refusing to ministerially certify costs for an acquitted defendant, as the certification is a mandatory step before seeking reimbursement from the county.
• Inst. OF London Underwriters v. First Horizon Ins. Co.
  972 F.2d 125· 5th Cir.· 1992-09-16
  The court held that the excess carrier's policy unambiguously excluded a duty to defend, and therefore, no duty to contribute to defense costs existed, nor was there a basis for equitable subrogation.
• Sequoia Ins. Co. v. Royal Ins. Co. OF Am.
  971 F.2d 1385· 9th Cir.· 1992-07-23
  The court held that summary judgment for the primary insurer was improper because material issues of fact remained regarding the primary insurer's bad faith failure to settle and its noncompliance with notice and cooperation conditions in the excess policy.
• Thornton v. Syracuse Sav. Bank
  961 F.2d 1042· 2d Cir.· 1992-04-10
  The court held that the bank's request for discovery regarding a settlement agreement was properly denied, and its cross-claim for equitable subrogation was correctly dismissed because the investors' rights would be impaired and the bank did not pay a debt for which the accountin
• Gen. Star Nat'l Ins. Co. v. Liberty Mut. Ins. Co.
  960 F.2d 377· 3d Cir.· 1992-04-03
  The court held that under New York law, a primary insurer's conduct did not rise to the level of bad faith, despite some irregularities, because there was no extraordinary showing of dishonesty or disingenuousness, and an excess verdict was not reasonably foreseeable.
• Bloom v. G.P.F., S.A.
  588 So. 2d 607· Fla. 3d DCA· 1991-09-10
  Foreign investors purchased residential properties and authorized their attorney Resnick to manage them, but Resnick fraudulently modified powers of attorney to include mortgage authority and mortgaged the properties through Sun Mortgage Company without authorization. The trial c
• Vanguard Ins. Co. v. ST. Johns Cnty.
  578 So. 2d 1132· Fla. 5th DCA· 1991-04-04
  Vanguard Insurance Company appeals a summary judgment awarding St. Johns County reimbursement for amounts paid to settle a Section 1983 civil rights lawsuit against its sheriff. The court holds that the county may pursue equitable subrogation against the insurer for the damage aw
• Cont'l Cas. Co. v. Pullman
  929 F.2d 103· 2d Cir.· 1991-04-02
  An excess insurer cannot bring a legal malpractice claim against the law firm hired by the primary insurer to defend the insured, either as a foreseeable beneficiary or through equitable subrogation, nor can it establish an attorney-client relationship with that firm.
• Foremost Cnty. Mut. Ins. Co. v. The Home Indem. Co.
  897 F.2d 754· 5th Cir.· 1990-03-21
  The court held that Home's policy covered the insured's liability, but the Stowers doctrine did not apply because the insured suffered no harm due to a covenant not to execute. Subrogation was limited to the policy limit.
• Underwood v. Dep't of Health & Rehabilitative Servs.
  551 So. 2d 522· Fla. 2d DCA· 1989-09-08
  Jennifer Underwood, severely injured in a car accident, received a $105,000 settlement that was insufficient to cover her total damages of over $1.5 million. HRS claimed 100% reimbursement of medical assistance benefits paid ($55,163.97) from the settlement proceeds. The appellat
• Raymon Velazquez v. Nat'l Presto Indus.
  884 F.2d 492· 9th Cir.· 1989-09-06
  The court held that a settlement between parties, even with a subsequent jury finding of no fault, can establish joint tortfeasor status for contribution purposes under Hawaii's Uniform Contribution Among Tort-feasors Act.
• Jack E. Benkert, M.D. v. Med. Protective Co.
  842 F.2d 144· 6th Cir.· 1988-03-16
  An insured may not recover exemplary damages or damages for mental distress from an insurer for bad faith failure to settle, but such a claim is assignable.
• Hieber v. Fla. Nat'l Bank
  522 So. 2d 878· Fla. 3d DCA· 1988-02-16
  This case addresses whether a purchaser who pays off a senior mortgage while mistakenly unaware of a junior lien of record may be subrogated to the senior mortgagee's position. The Florida court held that subrogation is unavailable under these circumstances because purchasers hav
• Commercial Union Ins. Co. v. Mission Ins. Co.
  835 F.2d 587· 5th Cir.· 1988-01-13
  The court held that a primary insurer cannot be held liable for bad faith failure to settle if no firm settlement offer within policy limits was ever made.
• Chicago Ins. Co. v. Lumbermen's Mut. Cas. Co.
  503 So. 2d 916· Fla. 4th DCA· 1987-02-11
  Chicago Insurance Company sought a setoff for amounts paid by a tortfeasor's insurer when providing excess underinsured motorist coverage, but the court held that the primary insurer, Lumbermen's Mutual, was entitled to the setoff based on the respective policy language and oblig
• OSS v. United Servs. Auto. Ass'n
  807 F.2d 457· 5th Cir.· 1987-01-08
  An insured's refusal to subrogate an insurer to rights against a third-party tortfeasor is justified if the insured has recovered less than total damages, even with the insurer's payment, and the tortfeasor has no further assets.
• Suburban Nursing & Mobile Homes, Inc. v. Elliot and Felecia Shaw
  498 So. 2d 485· Fla. 3d DCA· 1986-10-21
  Suburban Nursing sought equitable subrogation against the Shaws, who guaranteed a note, after Suburban's collateral was used to pay off the underlying debt when the note maker defaulted. The court held that a pledgor who loses collateral to satisfy a debt is equitably subrogated