State Farm v. Loo
35 Fla. L. Weekly D 352a (Fla. 3rd DCA 2010) (February)
The company insured a building which later sustained damage in a fire. The company paid benefits to the landlord and then brought a subrogation action against a tenant in the building,
who was allegedly responsible for the fire. The trial court entered summary judgment for the tenant, ruling that the company did not have subrogation rights against the tenant because the tenant was an implied co-insured. The district court reversed this decision, holding that such a company may have subrogation rights against a tenant when the tenant’s lease does not say “in unequivocal terms” to the contrary.