STATE FARM MUT. AUTO. INS. CO. v. JOHNSON

No. 2D07-5854.

18 So.3d 1099 (2009)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, as subrogee of Karen Elizabeth Shoup, f/k/a Hebel, Appellant, v. Scott David JOHNSON, Appellee.

District Court of Appeal of Florida, Second District.

February 20, 2009.


Attorney(s) appearing for the Case

Tammi J. Driver of Dalan & Katz, P.L., Clearwater, for Appellant.

Thomas E. Reynolds of Rahdert, Steele, Bole & Reynolds, P.A., St. Petersburg, for Appellee.


KELLY, Judge.

Scott Johnson and State Farm's insured were involved in an automobile accident in June 2000. In January 2003, State Farm paid its insured over $40,000 in uninsured motorist benefits for the injuries she sustained in the accident. In October 2005, State Farm sued Johnson seeking reimbursement for the money it had paid to its insured. Johnson ultimately moved for summary judgment arguing that State Farm was seeking contractual rather than equitable subrogation...

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