NextGen Restoration, Inc. a/a/o Azeemur, Rehman v. Prepared Insurance Company

Timothy S. Kazee (Deland/Central FL) (Property) obtained Summary Judgment on behalf of Prepared Insurance Company against NextGEN Restoration, Inc. As the result of Hurricane Irma and ongoing water intrusion, NextGEN Restoration, with an alleged assignment of benefits, claimed extensive stabilization/mitigation services totaling $232,485.28. NextGEN Restoration argued there was direct physical loss, as evidenced by its expert, its moisture readings, and allegedly incomplete mitigation. It further argued Prepared Insurance invoked its “option to repair”, when it offered to the insured/assignor the mitigation company that performed an allegedly incomplete service. Prepared Insurance argued that, before reaching the issue of direct physical loss, NextGEN Restoration failed to establish standing because there was a severable cause of damage within the AOB, the claimed work was outside the scope of the alleged AOB, and the Plaintiff and Plaintiff’s expert had no competent basis to provide the opinions claimed. After two hearings on the competing motions, the Court granted summary judgment in favor of Prepared Insurance on the issue of standing and reserved on the issue of fees and costs.