· 5/20/2015
One Call Property Services, Inc. a/a/o William Hughes v. Security First Insurance Company
Citations
- 165 So. 3d 749
- 2015 Fla. App. LEXIS 7643
- 2015 WL 2393353
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that trial court properly determined that an insurance policy was impliedly incorporated where \[t]he complaint refers to the policy\ and the suit was premised on an assignment of the policy
- holding that trial court properly determined that an insurance policy was impliedly incorporated where “[t]he complaint refers to the policy, and One Call’s standing to bring suit is premised on an assignment of the policy”
- holding that “where the terms of a legal document are impliedly incorporated by reference into the complaint, the trial court may consider the contents of the document in ruling on a motion to dismiss”
- discussing a general assignment provision, rather than the limited provision at issue in Security First and the instant case
- noting: “Even when an insurance policy contains a provision barring assignment of the policy, an insured may assign a post-loss claim”
- declining to apply the tipsy coachman doctrine, reversing, and remanding for the trial court to address the alternative arguments in the first instance
Source: CourtListener parenthetical corpus (CC0).
Judges: Damoorgian, Taylor
Read full opinion on CourtListenerSourced 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.