19 Fla. L. Weekly Supp. 876a
Online Reference: FLWSUPP 1910ESGUInsurance — Subrogation — Plaintiff stating claim for contractual subrogation for property damage, not claim for equitable subrogation, is not required to obtain release of defendant from its insured before bringing claim
STATE FARM FIRE AND CASUALTY COMPANY as Subrogee of CARMEN E. ESGUERRA, Plaintiff, vs. PATRICIA ANDERSON SHETLER, an Individual, AKA PATRICIA MARIE SHETLER, Defendant. County Court, 19th Judicial Circuit in and for Saint Lucie County. Case No. 56-2011-CC-000376. June 20, 2012. T.J. Walsh Jr., Judge. Counsel: Melissa S. Comras, Hiday & Ricke, PA, Jacksonville, for plaintiff. Sheri L. Hopkins, Law Offices of Vivian M. Knapp, West Palm Beach, for Defendant.
ORDER DENYING DEFENDANT’S MOTIONFOR SUMMARY JUDGMENT
This case came for hearing before the Court on the 22nd day of May, 2012, on the Defendant’s Motion for Summary Judgment. Plaintiff and Defendant each appeared through counsel.
After having reviewed the record, hearing argument of counsel, and review of the case law, the Court concludes that the case at bar is one for contractual subrogation, that Plaintiff has not stated any claims for equitable subrogation, and that there is no basis, in law or in fact, for the contention that the Plaintiff must obtain a release of the Defendant from its insured before bringing a claim for contractual subrogation for property damage. Such a requirement exists, if at all, solely in claims for equitable subrogation.
Therefore, it is ORDERED:
The Motion for Summary Judgment filed by the Defendant’s is hereby DENIED.
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