Court Finds Third Party Servicing Company’s Purchase of Contractor’s Recieivables is an Unenforceable Assignment of Benefits Under 627.7152, Florida Statutes
This case arises from a third-party debt buyer’s attempt to enforce a mitigation contractor’s assignment of benefits against an insurance carrier. The court’s decision focuses on the enforceability of the contract between the third-party and the contractor, rather than the original assignment of benefits.
Court Reverses Dismissal of Water Mitigation Contractor’s Lawsuit for Failure to Comply with 627.7152(7), Florida Statutes
This cases arises from a dismissal of a water mitigation contractor’s lawsuit against an insurance carrier. The carrier argued that the mitigation contractor’s assignment of benefits did not comply with 627.7152, Florida Statutes, and while the trial court agreed with that argument, the ruling was reversed on appeal
Court Reverses Determination that Contractor’s Assignment of Benefits Agreement is Invalid Under 627.7152, florida Statutes
This case arises from a trial court’s determination that an assignment of benefits agreement between a contractor and homeowner regarding water damage mitigation was invalid. While many similar court decisions apply paragraph 2 of Florida’s Assignment of Benefits Statute to invalidate these types of agreements, this one applies a different paragraph of the same statute and reaches a different result.
Appellate Court Affirms Dismissal of Roofer's Lawsuit Based on Non-Compliant Assignment of Benefits
Florida’s Second District Court of Appeal affirmed dismissal of a lawsuit brought by a roofing contractor against an insurance carrier on behalf of an insured, finding that the assignment of benefits contract between the contractor and insured did not strictly comply with the requirements of section 627.7152, Florida Statutes.