Hiriana R. Tuch - Vernis & Bowling

Hiriana R. Tuch, Esq.
Attorney
Vernis & Bowling of Broward, P.A. 5821 Hollywood Blvd. Hollywood, FL 33021
Phone: (954) 927-5330
Email: HTuch@Florida-Law.com
Fax: (954) 927-5320
Website: www.national-law.com
V-Card Email

Verdicts and Dispositions

Asbefore Restorations, LLC a/a/o Manuel Sanchez v. Citizens Property Insurance Corporation
Hiriana R. Tuch (Hollywood, FL) (Property) obtained an order granting Final Summary Judgment in the County Court of the 17^th Judicial Circuit in Broward County, FL. The Plaintiff is a remediation company who allegedly executed an assignment of benefits agreement with the insured and provided remediation services to the insured following an alleged kitchen leak at the subject property.

Suit was filed for breach of contract and attached to their Complaint an unexecuted assignment agreement which was not executed by either the insured or Plaintiff and the assignment also failed to include a per unit cost estimate pursuant to Fla. Stat. 627.7152(2)(a)(2). Defendant filed a Motion to Dismiss Plaintiff’s Complaint due to the assignment being invalid and unenforceable for the above reasons. Plaintiff filed an Amended Complaint prior to the hearing on the Motion to Dismiss and they attached an executed assignment agreement and an estimate which was not contemporaneous with the assignment. Defendant argued that the assignment agreement and estimate attached to the Amended Complaint are still noncompliant with Flat Stat. 627.7152. The Judge denied the Motion to Dismiss stating that these issues should be raised in a Motion for Summary Judgment as she is only able to look at the four corners of the Complaint when ruling on a Motion to Dismiss.

Defendant filed their Motion for Summary Judgment and set the Motion for hearing. On July 25, 2023, Defendant argued that the Plaintiff failed to attach a per unit cost estimate to the Amended Complaint because the estimate attached was not contemporaneous with the assignment agreement as evidenced by the dates on both documents Defendant further argued that the Fourth District Court of Appeals recently evaluated a similar assignment agreement, holding that the failure to include an itemized per-unit cost list invalidates the assignment agreement.

Plaintiff was not able to provide a reason why the estimate had a different date than the assignment. The Court agreed with Defendant’s arguments and granted Defendant’s Motion for Summary Judgment.

Areas Of Practice

First and Third Party Property and Casualty Claims

Bar & Court Admission

Florida Bar
United States District Court for the Southern District of Florida

Education

Graduate:
St. Thomas University School of Law, Juris Doctorate
Undergraduate:
Florida Atlantic University, B.A. in Psychology

Hiriana R. Tuch was born and raised in Miami, Florida. She went to Florida Atlantic University for her undergraduate studies and received a Bachelor of Arts degree in Psychology with a minor in Sociology. Following completion of her undergrad studies, Hiriana attended St. Thomas University School of Law where she obtained her Juris Doctorate degree. While there, Hiriana earned a Pro Bono Commendation Award for community service hours and a Cali Award in Immigration Law. Hiriana was also a law student representative in the St. Thomas Law School Immigration Clinic where she represented asylum seekers, battered women, and other noncitizens seeking immigration relief before the Board of Immigration Appeals and the Department of Homeland Security. Additionally, Hiriana completed a judicial internship with Judge Rene Goldenberg and worked as a Research Assistant to her Immigration Law Professor.

Upon passing the Florida Bar and prior to joining the team at Vernis & Bowling of Broward, P.A., Hiriana practiced in Insurance Defense handling first party property claims and Bodily Injury cases. At Vernis & Bowling of Broward P.A., Hiriana primarily works on First and Third Party Insurance Litigation Claims.
Hiriana became a lawyer because “I wanted to follow in my grandfather’s footsteps. He was a Judge in Cuba and I wanted to help people seek justice”.

In her free time, Hiriana enjoys spending time with her husband, three sons, and mini bernedoodle.

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