Ritha Jean-Louis v. Praetorian Insurance Company
CourtDistrict Court of Appeal of Florida
Date FiledMay 6, 2020
Docket3D19-1312
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed May 6, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1312
Lower Tribunal No. 17-24954
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Ritha Jean-Louis,
Appellant,
vs.
Praetorian Insurance Company,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Alexander Bokor,
Judge.
Giasi Law, P.A., and Melissa A. Giasi and Erin M. Berger (Tampa), for
appellant.
Garrison, Yount, Forte & Mulcahy, L.L.C., and George M. Duncan, Joseph
W. Gelli, and Robert T. Vorhoff (Tampa), for appellee.
Before LOGUE, HENDON, and LOBREE, JJ.
PER CURIAM.
Affirmed. Allstate Ins. Co. v. Orthopedic Specialists, 212 So. 3d 973, 975-76
(Fla. 2017) (quoting Washington Natโl Ins. Corp. v. Ruderman, 117 So. 3d 943, 948
(Fla. 2013)) (โWhere the language in an insurance contract is plain and
unambiguous, a court must interpret the policy in accordance with the plain meaning
so as to give effect to the policy as written.โ); Ebanks v. Ebanks, 198 So. 3d 712,
715 (Fla. 2d DCA 2016) (quoting Gibney v. Pillifant, 32 So. 3d 784, 785 (Fla. 2d
DCA 2010)) (โ[T]he actual language used in the contract is the best evidence of the
intent of the parties, and the plain meaning of that language controls.โ); Dingle v.
Dellinger, 134 So. 3d 484, 488 (Fla. 5th DCA 2014) (A person is an intended third-
party beneficiary to a contract โif the parties to the contract clearly express, or the
contract itself expresses, an intent to primarily and directly benefit the third party or
a class of persons to which that party claims to belong.โ).
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