PAMELA GOINS
v.
PRAETORIAN INSURANCE COMPANY
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A borrower cannot qualify as a third-party beneficiary under an insurance policy when the policy's plain language explicitly states there is no contract of insurance between the borrower and the insurer.
[1] To qualify as a third-party beneficiary to a contract, the contracting parties or the contract itself must exhibit a clear or manifest intent to primarily and directly be…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The contract of insurance is only between the NAMED INSURED and Praetorian Insurance Company. There is no contract of insurance between the BORROWER and Praetorian Insurance Company.”
Language from the insurance policy at issue
Pamela Goins was a borrower under an insurance policy issued by Praetorian Insurance Company to a named insured. Goins sought to enforce the policy as…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
PAMELA GOINS,
Appellant,
v. Case No. 5D18-3546
PRAETORIAN INSURANCE COMPANY,
Appellee.
________________________________/
Opinion filed September 4, 2020
Appeal from the Circuit Court for Orange County, Kevin B. Weiss, Judge.
Melissa A. Giasi, of Giasi Law, P.A., Tampa, for Appellant.
Scott P. Yount, Joseph W. Gelli, and Robert
T. Vorhoff, of Garrison, Yount, Forte &
Mulcahy, L.L.C., Tampa, for Appellee.
PER CURIAM.
The issue in this case is whether Pamela Goins was an intended third-party beneficiary under the terms of the policy of insurance. To qualify as a third-party beneficiary, there must be: “(1) existence of a contract; (2) the clear or manifest intent of the contracting parties that the contract primarily and directly benefit the third party; (3) breach of the contract by a contracting party; and (4) damages to the third party resulting from the breach.” Mendez v. Hampton Court Nursing Ctr., LLC, 203 So. 3d 146, 148 (Fla.
2 2016) (quoting Found. Health v. Westside EKG Assocs., 944 So. 2d 188, 194–95 (Fla. 2006)). A party may qualify as a third-party beneficiary only if the contracting parties, or the contract itself, exhibits an intent to primarily and directly benefit the third party. Dingle v. Dellinger, 134 So. 3d 484, 488 (Fla. 5th DCA 2014). The best evidence of the parties’ intention is the contract’s plain language. Whitley v. Royal Trails Prop. Owners’ Ass’n, 910 So. 2d 381, 383 (Fla. 5th DCA 2005). The language of this specific policy provided, “The contract of insurance is only between the NAMED INSURED and Praetorian Insurance Company. There is no contract of insurance between the BORROWER and Praetorian Insurance Company.” We find the language of the policy of insurance clearly reflects that Goins, the borrower, was not intended to primarily and directly benefit from the policy of insurance, and it is not the role of this Court to rewrite the terms of the contract.1 We affirm.
AFFIRMED.
COHEN, WALLIS and EDWARDS, JJ., concur.
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hoyte S. Whitley and Martha R. Whitley v. Royal Trails Prop. Owners' Ass'n, Inc., 910 So. 2d 381 (Fla. 5th DCA 2005)
- Mendez v. Hampton Court Nursing Ctr., LLC, 203 So. 3d 146 (Fla. 2016)
- Dingle v. Dellinger, 134 So. 3d 484 (Fla. 5th DCA 2014)