![]() ![]() §627.7152, since the AOB reflected the services that Plaintiff allegedly performed for the insured and noted that the resulting report prepared by Plaintiff should be provided to the insured’s “repair contractors to ensure a complete and proper repair of the damage to the subject property.”Īs part of his rigorous defense, Kurt Ciell argued that, while Plaintiff’s assignment agreement contained a list of all of the services Plaintiff offers with one of its services allegedly checked by the insured, because there was no indication of what the total cost of the work would be, Plaintiff’s price list did not constitute the type of estimate required under Section 627.7152(2)(a)4, Florida Statutes. Plaintiff also averred that the AOB falls under the governance of Fl. In the Complaint, Plaintiff claimed the services it allegedly provided pursuant to the AOB are compensable with benefits under the subject policy, and because the AOB itself was executed after July 1, 2019, the AOB must be governed by Fl. ![]() The AOB, allegedly executed by Plaintiff and the insureds on April 23, 2022, was attached as an exhibit to Plaintiff’s Complaint. ![]() In this breach of contract action, stemming from a first-party property homeowner’s insurance claim dispute, Plaintiff is a contractor who sued State Farm as the alleged assignee of the named insured pursuant to a purported Assignment of Benefits (“AOB”) contract. The Honorable Andrew Bain of Florida’s Ninth Judicial Circuit presided. Kelley Kronenberg Partner, Kurt Ciell, added to his string of wins against The Kidwell Group by prevailing on a Motion to Dismiss arguing Plaintiff submitted an invalid Assignment of Benefits. JShare Kelley Kronenberg Prevailed on Motion to Dismiss for Invalid AOB ![]()
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