20 Fla. L. Weekly Supp. 1000a
Online Reference: FLWSUPP 2010FERRInsurance — Property — Standing — Assignment of claim for post-loss recovery is permitted under law
GRAHAM’S CARPET CLEANING & RESTORATION, a/a/o ROBERT FERRELL, Plaintiff, v. SOUTHERN OAK INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. 502012CC010378XXXX MB RE. August 6, 2013. Honorable Nancy Perez, Judge. Counsel: Imran Malik, Malik Law, P.A., Orlando, for Plaintiff. David Thornton, Groelle & Salmon, P.A., Wellington, for Defendant.
ORDER ON DEFENDANT’S MOTION TODISMISS PLAINTIFF’S AMENDED COMPLAINT
THIS CAUSE having come on to be heard on June 19, 2013 on Defendant’s Motion to Dismiss Plaintiff’s Amended Complaint and the Court having heard argument of counsel, and being otherwise advised in the premises, it is hereupon,
ORDERED AND ADJUDGED that said Motion be, and the same is hereby DENIED. The assignment purports to be a claim for post loss recovery or a right to receive payments due which is permitted under the law. Additionally under F.S. 627.405, a vendor has an insurable interest. See Rutherford v. Pearl Assur. Corp., 164 So.2d 213 (1st Dist. 1964). Therefore Defendant has 20 days to respond.
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