22 Fla. L. Weekly Supp. 829a
Online Reference: FLWSUPP 2207MASCInsurance — Property — Standing — Assignment — Plaintiff who obtained post-loss assignment of benefits has standing to bring action against insurer
GRAHAM’S CARPET CLEANING AND RESTORATION, INC. a/a/o IGNACIO MASCI, Plaintiff, vs. TOWER HILL PRIME INSURANCE COMPANY, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2014-CC-31458. December 23, 2014. Honorable Christopher Kelly, Judge. Counsel: Imran Malik, Malik Law P.A., Orlando, for Plaintiff. Jacqueline Alastra, Maitland, for Defendant.
ORDER OF DEFENDANT’S MOTION TODIS MISS PLAINTIFF’S AMENDED COMPLAINT
THIS CAUSE having come before the Court on December 15th, 2014, upon Defendant TOWER HILL PRIME INSURANCE COMPANY’S, Motion to Dismiss, and the Court having heard argument of counsel for the respective parties relative to Defendant’s Motion to Dismiss Plaintiffs amended complaint, and being otherwise advised on its premises, it is hereupon ORDERED and ADJUDGED that:
1. The Defendant’s Motion to Dismiss is denied on all grounds raised in Defendant’s Motion.
2. The Court finds Plaintiff obtained a post-loss assignment of insurance benefits which is valid under Florida Law.
3. Defendant shall have 20 days from the date of this Order to file its Answer and Affirmative Defenses.
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