Isam J. Alsafeer, Esq., and Jennifer H. Tedesco, Esq. (Melbourne, FL) (Property) obtained a Final Judgment for Defendant Citizens Property Insurance Corporation in an action brought by WeDry & Restore, LLC pursuant to an assignment of benefits regarding water damage sustained to the insured’s residence. The cause of action arose when WeDry & Restore, LLC performed water mitigation services for Citizens’ insured. WeDry alleged in its Complaint that it obtained an assignment of benefits from Citizens’ insured for its services for a loss related to water damage that occurred on September 3, 2021 and that Citizens failed to pay WeDry for the services it performed which it was entitled to pursuant to the assignment of benefits and that Citizens breached the policy. WeDry also attached a copy of the assignment of benefits documentation to its Complaint.
A motion to dismiss was filed in the case asserting that assignment agreements executed after July 1, 2019 were required to comply with Fla. Stat. 627.7152 and that WeDry’s assignment was invalid and unenforceable on its face as it failed to comply with the requirements set forth in the statute. The County Court held a case management conference in which Citizens’ motion was heard and an order was issued by Judge Burke in Palm Beach County granting the motion, entering final judgment in favor of Citizens. The order specifically found that the assignment of benefits failed to comply with Fla. Stat. 627.7152(2)(a)(4) and was invalid and unenforceable which could not be corrected and denied WeDry the ability to amend its Complaint.