The homeowner's suit against the insurer under a lender-placed policy was dismissed for lack of the insured's standing. Joseph v. Praetorian Ins. Co., 2018 U.S. Dist. LEXIS 27731 (S.D. Fla. Feb. 20, 2018).

    The insurer issued a lender-placed homeowners policy on the plaintiff's home. The named insured was Bank of America. Plaintiff was listed in the policy as the "borrower." In December 2014, plaintiff reported damage to her home due to a leak in the kitchen and in the bathroom. The insurer denied both claims.

    The homeowner sued the insurer for breach of contract. The insurer filed a motion to dismiss. 

    The Declarations page of the policy stated that it was a contract between the insurer and the named insured, and that there was no contract between the insurer and the borrower. Further, the Declarations stated that the policy was intended for the benefit and protection of the named insured.

    Therefore, the policy did not provide for the homeowner to recover directly from the insurer. While the insurer had an insurable interest under Florida law, she was not a third party beneficiary under the policy. There was no per se rule in Florida that a party with an insurable interest was automatically vested with standing to enforce a property policy. 

    Consequently, the motion to dismiss was granted.