Resia Jean v. Praetorian Insurance Company
CourtDistrict Court of Appeal of Florida
Date FiledAugust 19, 2020
Docket4D19-1370
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
RESIA JEAN,
Appellant,
v.
PRAETORIAN INSURANCE COMPANY,
Appellee.
No. 4D19-1370
[August 19, 2020]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; William W. Haury, Jr., Judge; L.T. Case No. CACE 17-
002376.
Melissa A. Giasi and Erin M. Berger of Giasi Law, P.A., Tampa, for
appellant.
Scott P. Yount, Joseph W. Gelli, Robert T. Vorhoff and George M.
Duncan of Garrison, Yount, Forte & Mulcahy, L.L.C., Tampa, for appellee.
PER CURIAM.
Affirmed. See Found. Health v. Westside EKG Assoc., 944 So. 2d 188,
194-95 (Fla. 2006) (to enforce a contract as a third-party beneficiary, the
contracting parties must have clearly or manifestly intended to primarily
and directly benefit the third-party) (citations omitted); see also Florida
Windstorm Underwriting v. Gajwani, 934 So. 2d 501, 507 (Fla. 3d DCA
2005) (in the absence of legislative directive โin the language of the statute,
it is not our function to extend coverage for wind-driven rain damages to
those whose insurance policies exclude such coverage.โ) (citation omitted)
(emphasis added).
GROSS, ARTAU, JJ., and SCHOSBERG FEUER, SAMANTHA, Associate Judge,
concur.
* * *
Not final until disposition of timely filed motion for rehearing.