JOHN EUMMEL BRIGHT AND ARTHUR DAVIS, PETITIONERS,
v.
STATE OF FLORIDA, RESPONDENT
JOHN EUMMEL BRIGHT AND ARTHUR DAVIS, PETITIONERS,
STATE OF FLORIDA, RESPONDENT
463 So. 2d 1147
Florida Supreme Court (1985)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
The decision of the district court of appeal, reported as State v. Bright, 451 So. 2d 880 (Fla. 5th DCA 1984), is approved on the authority of State v. Bussey, 463 So. 2d 1141 (Fla.1985).
It is so ordered.
BOYD, C.J., and OVERTON, ALDERMAN, McDonald, EHRLICH and SHAW, JJ., concur. ADKINS, J., dissents.
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W. Am. Ins. Co. v. Yellow CAB Co. OF Orlando, Inc., 495 So. 2d 204 (Fla. 5th DCA 1986)…5th DCA), rev. denied, 467 So. 2d 1000 (Fla.1984); Allstate Life Ins. Co. v. Weldon, 213 So. 2d 15 (Fla. 3d DCA 1968). Florida recognizes two types of subrogation, conventional and legal. See Dixie Nat. Bank v. Employer’s Commercial Union Inc. Co., 463 So. 2d 1147 (Fla.1985). In the early case of Boley v. Daniel, 72 Fla. 121, 72 So. 644, 645 (1916), the supreme court offered the following bench-mark definition: Subrogation is the substitution of one person in the place of another with reference to a lawful c…
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The Phoenix Ins. Co. v. Fla. Farm Bureau Mut. Ins. Co., 558 So. 2d 1048 (Fla. 2d DCA 1990)…onal” subrogation depends upon a contract between the parties, and “legal” or “equitable” subrogation arises by operation of law and is determined by weighing the equities between the parties. Dixie Nat’l Bank v. Employers Commercial Union Ins. Co., 463 So. 2d 1147 (Fla.1985). Equitable subrogation is an appropriate form of relief in a dispute between a primary and excess insurer arising from the payment of a claim by the excess insurer. United States Auto. Ass’n v. Hartford Ins. Co., 468 So. 2d 545 (Fla. 5th…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Bussey, 463 So. 2d 1141 (Fla. 1985)
- State v. Bright, 451 So. 2d 880 (Fla. 5th DCA 1984)