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· 10/19/2006

Foundation Health v. WESTSIDE EKG ASSOC.

Citations

  • 944 So. 2d 188

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the lack of a private right of action in a state statute did not foreclose the plaintiff’s third-party beneficiary claim
  • holding that nonparticipating providers are not precluded from alleging that an insurance contract evinces the clear and manifest intent required to be recognized as third-party beneficiaries
  • noting plaintiff must demonstrate the contracting parties had “the clear or manifest intent” to “primarily and directly benefit the third party”
  • “Florida courts have long recognized that the statutory limitations and requirements surrounding traditional insur- ance contracts may be incorporated into an insurance contract for purposes of determining the parties’ contractual rights.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.