Court Grants Summary Judgment Due to Plaintiff’s Violation of Assignment of Benefits Requirement
Posted in Verdicts and Settlements on January 30, 2024
Amy Klotz, an attorney in the firm’s appellate litigation support division, prevailed on an AOB summary judgment. In this case, the court granted summary judgment in favor of our client, finding that the plaintiff lacked standing to bring the suit because the AOBs on which the plaintiff relied pertained to services to be performed under urgent or emergency circumstances in excess of $3,000.00, which is expressly prohibited by Fla. Stat. § 627.7152(2)(c). We submitted evidence that in emails to our client attaching copies of the AOBs, the plaintiff characterized the services as being of an urgent or emergency nature to protect against further damage to property, as well as potential health issues stemming from the presence of mold. Although the plaintiff argued that there was a question of fact as to whether the insured was acting under urgent or emergency circumstances at the time he signed the AOBs, the court found that the undisputed evidence of record showed that the services, in fact, were performed under urgent or emergency circumstances and, therefore, that the AOBs were invalid and the plaintiff lack standing to bring the suit.