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IN~THE CIRCUIT COURT OF THE 19TH
JUDICIAL CIRCUIT, IN AND FOR
ST. LUCIE COUNTY, FLORIUA
CASE N0. 77-421? CA "J" GEIGER
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RAN INVESTMENTS, INC., a
Florida corporation, ) ~
Plaintiff, ) -
vs. ) .
INDIANA INSURANCE COMPANY, a ) ORDER OF DISMISSAL
foreign corporstion,
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Defendant. '
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THIS IS an action by Plaintiff, RAN INVESTMENTS, INC, against
Defendant, INDIANA INSURANCE COMPANY, to recover on a policy of_fire
insurance issued by Defendant to Plaintiff's lessees., GERALD and EISIE
, KRAL. Plaintiff claims to be the owner of a residence located at
120 Florida Avenue, Stuart, Florida. According to the Amended Camplaint,
Mr. and Mrs. Kral lived in the residence under a lease with Plaintiff.
The Krals insured the residence with Defendant, and they paid the
insurance premium. A copy of the policy has been attached to Plaintiff's
Amended Complaint, and it shows only the Krals as designated insureds,
Plaintiff is not referred to in the policy in any manner whatsoever.
Allegedly.the residence was damaged by fire in June o.f 1977. -
Plaintiff, as owner, brought this action against Defendant to recover
for the loss, avering in its Amended Complaint~that it is entitled to
recover damages as a third party~beneficiary of the contract of in~
surance between the Krals and Indiana. ~
The cause is now before the Court upon the motion of Defendant
to dismiss Plaintiff's Amended Camplaint for failure to state a cau~e
of action, The sole question presented by the motion is whether Plain- .
tiff can recover on the policy of insurance even though it is neither
£
named as a party to it nor is it referred to in any way in the policy
itself. '
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