Civil Litigation

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Total Equitable Subrogation Cases: 2

State Farm v. Loo

35 Fla. L. Weekly D 352a (Fla. 3rd DCA 2010) (February)

2010-02-10

EQUITABLE SUBROGATION

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.



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Lumbermens Mut. Casualty Co. v. Poling

27 Fla. L. Weekly D1345 (Fla. 5th DCA June 14, 2002)

2002-06-14

EQUITABLE SUBROGATION

Trial judges have wide discretion in accepting evidence, and unless an abuse of discretion can be proven, such rulings usually stand. In this case, an insurance company was attempting to introduce evidence that the plaintiff may have been receiving social security benefits as a collateral source. The court did not allow this evidence because it found that it was more than "merely cumulative," and rather, that its probative value would reach beyond the trial testimony. The fact that the plaintiff

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