366 So. 2d 823

LARA EQUIPMENT CORPORATION, a Florida Corporation, Petitioner, v. ALLIANCE INSURANCE COMPANY OF McPherson, Kansas, et al., Respondents.

No. 78-1963.

District Court of Appeal of Florida, Third District.

Jan. 16, 1979.

Rehearing Denied Feb. 12, 1979.

Stabinski, Funt, Levine & Vega, Miami, for petitioner.

Preddy, Kutner & Hardy, Miami, for respondents.

Before HAVERFIELD, C. J., and HEN-DRY and KEHOE, JJ.

PER CURIAM.

Petitioner seeks relief by writ of certiora-ri from an order of the Circuit Court of Dade County, dismissing its complaint against defendants/respondents for failure to attach to the complaint evidence of compliance with conditions precedent referred to in the insurance policy attached to the complaint. The evidence required was proof of loss statement and evidence of arbitration of the issues in controversy. We hold that petitioner is entitled to the relief sought as the complaint reveals the petitioner generally pled its compliance with all conditions precedent. Therefore, certiorari is granted and the order under review is quashed. See Fla.R.Civ.P. 1.120(c).

It is so ordered.

Lara Equipment Corp. v. Alliance Insurance Co.
366 So. 2d 823

Case Details

Name
Lara Equipment Corp. v. Alliance Insurance Co.
Decision Date
Jan 16, 1979
Citations

366 So. 2d 823

Jurisdiction
Florida

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