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https://www.claimsjournal.com/news/national/2015/11/04/266804.htm
Nov 04, 2015 · Regarding the second type of subrogation, A cause of action for equitable subrogation arises where: (1) the subrogee made the payment to protect …
https://www.rtlaw.com/blog/blog/publications/equitable-subrogation-protecting-lien-position-in-a-foreclosure-action
Florida courts recognize two general subrogation categories: conventional subrogation and equitable (or “legal”) subrogation. Conventional subrogation requires a lawful contract whereby a party having no interest or relation to a matter pays another’s debt, and by …
https://www.investopedia.com/terms/e/equitable-subrogation.asp
Equitable subrogation is a legal doctrine that allows a party that has made payments on behalf of another party to lay claim to the recovery of damages or funds from a third-party.
https://www.lexislegalnews.com/articles/1351/insurer-sufficiently-pleaded-equitable-subrogation-indemnity-claims-panel-says
Mealey's (July 31, 2015, 12:48 PM EDT) -- DAYTONA BEACH, Fla. — An insurer’s sufficiently asserted third-party claims for equitable subrogation and common-law indemnity against a contractor for its alleged negligent role in water damage to insureds, a Florida appeals panel ruled July 31, also finding that the insurer should have been allowed to amend its negligence claim (Florida Peninsula ...
http://www.stopforeclosurelawyer.com/blog/what-is-equitable-subrogation-in-the-foreclosure-context/
Oct 30, 2015 · Equitable subrogation allows a party discharging another party’s debt to step into the shoes of the creditor who held the discharged debt. In the context of mortgages, it is generally the law in Florida that the first mortgagee has priority to any subsequent creditors, including other mortgagees.
http://www.cooperscully.com/uploads/seminars/Preserving%20and%20Prosecuting%20Subrogation%20Claims.pdf
THE INSURANCE COMPANY AS A SUBROGATED PLAINTIFF: MAXIMIZE YOUR RECOVERY WHILE MINIMIZING YOUR EXTRACONTRACTUAL EXPOSURE 2 D/763517.1 II. BEST PRACTICES IN RECOVERY OPERATIONS A. Introduction. Recovery operations are complicated on a good day and on a bad, completely detached from the typical day to day “claim” operations within a company.
https://www.law360.com/articles/683313/equitable-subrogation-dispute-sent-to-fla-supreme-court
A Florida appellate court on Friday asked the state's Supreme Court to review its decision that Allstate Insurance Co. and a policyholder who was found fully liable in an underlying personal ...Author: Steven Trader
https://provemyfloridacase.com/summary-judgment-entered-in-favor-of-defendant-on-equitable-subrogation-claim/
This article discusses equitable subrogation in a case where the trial court granted summary judgment in favor of the defendant being sued for subrogation. ... Arbitration Provision Involving Non-Florida Entities and a Non-Florida Transaction;
https://www.flprobatelitigation.com/2017/09/articles/new-probate-cases/homestead-litigation/4th-dca-is-unjust-enrichment-enough-to-pierce-floridas-homestead-shield/
Sep 11, 2017 · Florida Probate & Trust Litigation Blog. ... Florida’s “equitable subrogation” doctrine: ... The court did err, however, in including the $185,000 lien as part of the foreclosure proceeding. First, the complaint did not seek to impose that lien against appellant’s home. It only alleged that it was entitled to enforce the $206,000 lien.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.76.html
Nov 05, 2019 · The 2019 Florida Statutes: Title XLV TORTS: Chapter 768 ... a copy of the complaint against the tortfeasor should be sent along with such notice. Such notice must include a statement that the provider of collateral sources will waive any right to subrogation or reimbursement unless it provides the claimant or claimant’s attorney a statement ...
https://www.irmi.com/articles/expert-commentary/the-courts-and-equitable-subrogation-versus-equitable-contribution-part-1
Aug 01, 2004 · Equitable Subrogation. Equitable subrogation permits one insurer that is not primarily liable to the insured to shift the entire loss to another insurer that is primarily liable to the insured. Fireman's Fund Ins., supra. The doctrine applies in two distinct scenarios: (1) in an action by an excess insurer against a primary insurer, and (2) in ...
http://www.sourceoftitle.com/blog_node.aspx?uniq=458
On November 8, 2006 ABN filed a foreclosure complaint and, not surprisingly, CCDOD filed an answer and cross-claim asserting that it had the first and best lien on the property. ABN argued that the doctrine of equitable subrogation applies because it paid off the first mortgage and intended to hold the first and best lien on the property.
https://caselaw.findlaw.com/fl-district-court-of-appeal/1422442.html
“Subrogation is the substitution of one person in the place of another with reference to a lawful claim or right.” West Am. Ins. Co. v. Yellow Cab Co. of Orlando, Inc., 495 So.2d 204, 206 (Fla. 5th DCA 1986). Florida recognizes two types of subrogation: conventional or contractual subrogation and equitable or legal subrogation.
https://corporate.findlaw.com/litigation-disputes/the-right-of-subrogation-by-an-insurer-against-its-insured-and.html
The Right of Subrogation by an Insurer Against Its Insured and the Impact of Recent Legislation. Find out more about this topic, read articles and blogs or research legal issues, cases, and codes on FindLaw.com.
https://legalbeagle.com/6607703-equitable-lien.html
An equitable lien is one of several equitable remedies which force one party to relinquish a benefit he has received wrongfully (meaning, at another party's expense). To be what is called an "equitable remedy," an equitable lien must be obtained from a court of equity. Those with questions about equitable ...
https://repository.law.miami.edu/cgi/viewcontent.cgi?article=3127&context=umlr
party is entitled to enforce an equitable lien, but not a constructive trust." Subrogation is also a remedy for the prevention of unjust enrichment. Subrogation may be defined generally as "the substitution of one for another as a creditor so that the new creditor succeeds to the former'sAuthor: Ralph A. Boyer, Barry Kutun
https://www.florida-lawblog.com/2011/06/what-everyone-should-know-about-subrogation-in-personal-injury-cases.html
Subrogation is an essential part of handling a personal injury claim by an attorney. ... WHAT IS SUBROGATION. Subrogation is an equitable doctrine holding that when a third party pays a creditor or obligee the third party succeeds to the creditor's rights against the debtor or obligor. ... In Florida there is currently a requirement that all ...
http://www.bushross.com/resources-publications-8.html
Dec 14, 2016 · A recent federal court ruling dismissed a law firm’s third party claims against an accounting firm for common-law indemnification, contribution, and equitable subrogation, with the court finding that the law firm should raise its arguments concerning the liability of the accounting as affirmative defenses rather than as independent claims.
https://caselaw.findlaw.com/fl-district-court-of-appeal/1304798.html
The Fifth District found that the doctrine of equitable subrogation applied because West American secured a release which included Yellow Cab, and West American paid 100% of the debt. Id. The Florida Supreme Court in WQBA said that the application of the doctrine of equitable subrogation was proper under the facts of West American.
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