ROIG Lawyers Attorney Secures Dismissal on Behalf of Client
Alliance Spine and Joint, III, Inc. a/a/o Katia Lapointe v. Travelers Commercial Insurance Company
In a first party PIP claim, Plaintiff brought a two count complaint, alleging in Count I breach of contract and in Count II an action for declaratory judgment, asking that the Court declare that there has been a covered loss under the policy. Defendant moved to dismiss Count II. The Court granted Defendant’s motion. Relying upon Legion Ins. Co. v. Moore, 846 So.2d 1183 (Fla. 4th DCA 2004) and Cruz v. Union General Insurance, 586 So. 2d 91 (Fla. 3d DCA 1991), Hon. Jason Dimitris held that an action for declaratory judgment is improper in a first party action.