FIREMAN'S FUND INSURANCE COMPANY v. GOLDFIELD CORPORATION, 6:14-cv-661-Orl-31KRS. (2014)
Court: District Court, M.D. Florida
Number: infdco20140909656
Visitors: 4
Filed: Sep. 08, 2014
Latest Update: Sep. 08, 2014
Summary: ORDER GREGORY A. PRESNELL, District Judge. Defendant Goldfield has filed a Motion to Dismiss Plaintiff's Second Amended Complaint for lack of subject matter jurisdiction because the declaratory judgment action filed by Plaintiff does not present an actual case or controversy (Doc. 16). On July 30, 2014 Magistrate Judge Spaulding issued a Report and Recommendation (Doc. 55) recommending that the motion be denied. Goldfield filed an objection to the Report and Recommendation (Doc. 61) and Plaint
Summary: ORDER GREGORY A. PRESNELL, District Judge. Defendant Goldfield has filed a Motion to Dismiss Plaintiff's Second Amended Complaint for lack of subject matter jurisdiction because the declaratory judgment action filed by Plaintiff does not present an actual case or controversy (Doc. 16). On July 30, 2014 Magistrate Judge Spaulding issued a Report and Recommendation (Doc. 55) recommending that the motion be denied. Goldfield filed an objection to the Report and Recommendation (Doc. 61) and Plainti..
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ORDER
GREGORY A. PRESNELL, District Judge.
Defendant Goldfield has filed a Motion to Dismiss Plaintiff's Second Amended Complaint for lack of subject matter jurisdiction because the declaratory judgment action filed by Plaintiff does not present an actual case or controversy (Doc. 16). On July 30, 2014 Magistrate Judge Spaulding issued a Report and Recommendation (Doc. 55) recommending that the motion be denied. Goldfield filed an objection to the Report and Recommendation (Doc. 61) and Plaintiff responded (Doc. 66).
Upon de novo review, the Court finds that Judge Spaulding's analysis of Florida law is correct. An insurer in Florida may seek judicial declaration of its obligation under an insurance policy, even though it is defending the insured under a reservation of rights. Accordingly, it is
ORDERED that Defendant's objection to the Report and Recommendation (Doc. 61) is OVERRULED. The Report and Recommendation (Doc. 55) is CONFIRMED and ADOPTED as part of this Order. The Motion to Dismiss (Doc. 16) is DENIED.
DONE and ORDERED.
Source: Leagle
