JEAN v. PRAETORIAN INSURANCE COMPANY (2020)

District Court of Appeal of Florida, Fourth District.

Resia JEAN, Appellant, v. PRAETORIAN INSURANCE COMPANY, Appellee.

No. 4D19-1370

Decided: August 19, 2020

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.

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 “in 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.”) (citation omitted) (emphasis added).

Per Curiam.

Gross, ARTAU, JJ., and Schosberg Feuer, Samantha, Associate Judge, concur.

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