EP - DFTS FIRST PROTECTIVE INSURANCE COMPANYS MOTION TO DISMISS AND COMPLEL APPRAISAL AND STAY AND SUPPORTING MEMORANDUM OF LAW - JAY, BECKY vs. FIRST PROTECTIVE INSURANCE COMPANY

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On August 28, 2019 a case was filed by Jay, Becky, represented by Rosso, Scott M, against First Protective Insurance Company, represented by Hawkins, Nikki Elizabeth, in the jurisdiction of Bay County. Judge HENRY, WILLIAM presiding.

                        
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                          Filing # 96213509 E-Filed 09/24/2019 03:02:37 PM

IN THE CIRCUIT COURT OF THE
14 JUDICIAL CIRCUIT IN AND
FOR BAY COUNTY, FLORIDA
CASE NO.: 19 003283 CA
BECKY JAY,

Plaintiff,

vs.

FIRST PROTECTIVE INSURANCE COMPANY
D/B/A FRONTLINE INSURANCE,

Defendant.
/

ene enn

DEFENDANT FIRST PROTECTIVE INSURANCE COMPANY’ S MOTION TO DISMISS
AND COMPEL AP. I ST. SUPPORT. UM.

Defendant First Protective Insurance Company, d/b/a
Frontline Insurance (hereinafter referred to as "First Protective
Insurance Company"), by and through undersigned counsel,
respectfully moves to dismiss plaintiff’s complaint for breach of
contract and declaratory relief, to compel appraisal and stay all
proceedings in this case on the grounds that (1) plaintiff has
failed to join an indispensable party and (2) the homeowners
insurance policy relied upon by plaintiff to institute the
current litigation contains a mandatory appraisal provision
requiring an appraisal once demanded by a party to the agreement.
In support of d…