26 Fla. L. Weekly Supp. 589a
Online Reference: FLWSUPP 2607FERNInsurance — Property — Water remediation service that is assignee of insureds can maintain action for declaratory relief seeking declaration of coverage
H2O RESTORATION SOLUTION, INC., a/a/o Jose Fernandez, Plaintiff, v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 17-12242-CC-25. September 12, 2018. Carlos Guzman, Judge. Counsel: Francisco Cieza, Law Office of Francisco Cieza, P.A., Coral Gables, for Plaintiff. Jeffrey Keller, Cole Scott & Kissane, for Defendant.
ORDER ON DEFENDANT’S MOTION TODISMISS PLAINTIFF’S AMENDED COMPLAINT
THIS CAUSE, having come before this Court on June 11, 2018, on Defendant’s Motion to Dismiss Plaintiff’s Amended Complaint and this Court, having read and considered the Motion, reviewed the Court file, relevant legal authorities, having heard argument, having made a thorough review of the matters argued, and having been sufficiently advised in the premises, the Court finds as follows:
ORDERED AND ADJUDGED as follows:
1. This matter involves the denial of insurance coverage as it relates to a weather-related water damage insurance claim.
2. The insureds under an insurance policy issued by the Defendant contracted the Plaintiff to perform water remediation services pursuant to an assignment of insurance benefits.
3. Subsequently, Defendant denied coverage for the loss and the Plaintiff filed suit.
4. On February 22, 2018, Plaintiff filed an Amended Complaint which contained a single count for declaratory relief in which the Plaintiff sought a “declaration of coverage.”
5. Defendant filed a motion to dismiss Plaintiff’s action for declaratory relief and argues that the provisions in the policy are not ambiguous, that there is no doubt as to the existence or nonexistence or some right or status, and that Plaintiff should pursue a breach of contract action instead.
6. This Court disagrees and finds that pursuant to Florida Law, Plaintiff can maintain an action for declaratory relief in this lawsuit.
7. Consequently, Defendant’s Motion to Dismiss Plaintiff’s Amended Complaint is DENIED and Defendant shall have 20 days to file an Answer to Plaintiff’s Amended Complaint.
