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DeMAY v. DEPENDABLE INSURANCE COMPANY

No. 93-02957.

638 So.2d 96 (1994)

Roger W. DeMAY and Janice B. DeMay, Appellants, v. DEPENDABLE INSURANCE COMPANY, a Foreign Insurance Company Authorized to do business in Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 10, 1994.

Attorney(s) appearing for the Case

Glenn N. Siegel of Brown, Clark & Walters, P.A., Port Charlotte, for appellants.

Steven G. Schwartz of Mattlin & McClosky, Boca Raton, for appellee.

PARKER, Judge.

Roger W. DeMay and Janice B. DeMay (DeMays) appeal an order of the trial court dismissing their complaint against Dependable Insurance Company (Dependable) with prejudice. We reverse because the trial court erred in dismissing their complaint with prejudice on the grounds that the DeMays lacked standing as loss payees to bring a third-party beneficiary action against Dependable on an insurance policy issued to Holly Jo Finch.

The DeMays sold...

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