HomeMy WebLinkAbout0997 After having considered Plaintiff's claim as stated in its ~
Amended Complainr, the policy of insurance attached thereto, together
with Defendant's motion, the Court finds as a matter of law that the
policy of insurance is a personal contract between the named insureds,
Mr. and Mrs. Kral, and Defendant to insure the Krals' interest in the
covered property, and not the property itself. And since there is no
reference whatsoever to Plaintiff in the policy, either expressly or
impliedly, and further since there is nothing in the policy to show ,
that the parties intended in any way to benefit Plaintiff, Plaintiff
~is precluded from maintaining a cause of action on the policy against
Defendant, INDIANA INSURANCE COMPANY. A,R. Moyer, Inc, v. Graham,285
So.2d 397 (Fla. 1973}; Mariarrna Lime Products Co. v. McKav, 109 Fla.
275, I47 So.264 (I933); East Coast Stores v. Cuthbert, 101 Fla. 25,
133 So. 863 (1931); American Surety Co. of New York v. Smith, 100 F1a.
1012, I30 So. 440 (1930); Firs~ National Bank v,~,Perkins, 81 Fl.a. 341,
87 So.912 (192I); Hales v. Ashland OiI, Inc., 342 So.2d 984 (Fla. 3d '
DCA 1977); Brpant v. Cole, 282 So.2d 652 (Fla. 2d DCA 1973); McCann
Pl~mmbing Co. v. Plumbin~ Industry Program, 105 So.2d 26 (Fla. 3d DCA
1973); American Finpire Insurance Co. of S.D. v. Fidelity & Dep. Co. of
Md., 408 F.2d 72 (5th Cir. 1969); Spires v. Hanover Fire Ins. Co., 70
A. 2d 828 (Pa. 1950); see gener__ally, 7 Fla. Jur., Contracts 98 - Z02,
44 Am`Jur.2d Insurance §_1632, 44 C.J.S., Insurance ~ 224, It is
therefore -
ORDERED AND ADJUDGED thae this action be dismissed with prejudice
for failure to state a cause of action, that Plaintiff, RAN INVESTMENTS,
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