MORRISON ASSURANCE COMPANY, INC., A CORPORATION, PETITIONER,
v.
SYLVIA L. POLAK, AS EXECUTRIX AND SURVIVING SPOUSE OF RALPH L. POLAK, DECEASED, RESPONDENT
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on December 17, 1968 (216 So.2d 484) affirming the summary judgment of the Circuit Court for Dade County, Florida, in the above styled cause; and
Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed December 17, 1969, 230 So.2d 6, and mandate dated January 19, 1970 quashed this court’s judgment of affirmance.
Now, therefore, It is Ordered that the mandate of this court heretofore issued in this cause on January 6, 1969 is withdrawn, the opinion and judgment of this court filed December 17, 1968, 216 So.2d 484, is vacated, the said opinion and judgment of this court and the summary judgment of the Circuit Court appealed from is reversed and the cause is remanded to that court for proceedings in accordance with the opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the Circuit Court (Rule 3.16(b) F.A.R., 32 F.S.A.
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Southland Life Ins. Co. v. Abelove, 556 So. 2d 805 (Fla. 5th DCA 1990)…522, 524 (Fla. 3d DCA 1982), so that it could assist in bringing about the full recovery which alone would adequately protect its interest. As further support for its motion to intervene, Southland cites to Blue Cross of Florida, Inc. v. O’Donnell, 230 So. 2d 706 (Fla. 3d DCA 1970). Blue Cross sought to intervene in an action for damages because it had paid plaintiff’s medical expenses. As in the present appeal, a subrogation clause in the insurance policy gave Blue Cross the right to collect against the def…
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Schwab v. The Town OF Davie, 492 So. 2d 708 (Fla. 4th DCA 1986)…recover; and (4) in any event, appellants are entitled to the attorney’s fees and costs incurred in their efforts to secure the $100,-000 fund. An insurer’s right to subrogation does not violate public policy, Blue Cross of Fla., Inc. v. O’Donnell, 230 So. 2d 706 (Fla. 3d DCA 1970), and may arise either by agreement or by operation of law. The general rule is that an insurer is entitled to be subrogated to any right of action which the insured has against third persons who caused the injury. Indiana Ins. Co.…
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State Farm Mut. Auto. Ins. Co. v. Gordon, 319 So. 2d 36 (Fla. 1st DCA 1975)…the record in this particular case we are unable to determine the materiality, if any, of the holdings in Morgan v. General Insurance Company of America, Fla.App. 1st 1965, 181 So. 2d 175; Blue Cross of Florida, Inc. v. O’Donnell, Fla.App. 3rd 1970, 230 So. 2d 706; Forsyth v. Southern Bell Telephone & Telegraph Co., Fla.App. 1st 1964, 162 So. 2d 916; Smith v. Ryan, Fla.App. 2nd 1962, 142 So. 2d 139; and Ray v. Earl, Fla.App. 2nd 1973, 277 So. 2d 73. . See Rule 3.6, subd. b F.A.R. . See State Farm Mutual Aut…
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- Morrison Assurance Co., Inc. v. Polak, 230 So. 2d 6 (Fla. 1969)
- Morrison Assurance Co., Inc. v. Polak, 216 So. 2d 484 (Fla. 3d DCA 1968)