West Palm Beach Attorneys Prevail on their AOB Motion to Dismiss

Posted in Verdicts and Settlements on May 12, 2023

West Palm Beach attorneys Melissa G. McDavitt and Brittany N. Jones, prevailed on their Motion to Dismiss Plaintiff’s Complaint with Prejudice in an Assignment of Benefits (AOB) case. 

The Judge granted the Order based upon the requirement to indemnify and hold harmless as well as the written, itemized, per-unit cost estimate. While Plaintiff’s counsel argued that hold harmless and indemnify are synonymous terms and therefore both do not need to be included, the Judge found that the legislature requires both terms by their inclusion in the statute. Additionally, the Judge found that the requirement of work performed to protect, repair, restore, or replace and dwelling was more appropriate to be heard on a Motion for Summary Judgment as more evidence would be needed beyond the four corners of the Complaint to determine Plaintiff’s primary purposes for the services rendered.