Case:
Truview Mold, LLC a/a/o Otoniel Cutino v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Your Insurance Attorney, PLLC (J. Michael Kelly)
Result:
Dismissal
Summary:
Tampa Associate Julian A. Brathwaite-Pierre, Esq., secured a dismissal on April 10, 2023, in the First-Party Property matter styled Truview Mold, LLC a/a/o Otoniel Cutino v. Defendant Insurance Company. Defense filed a Motion to Dismiss with Prejudice based on the Plaintiff’s standing as an assignee of benefits. Specifically, the assignment of benefits attached to Plaintiff’s Complaint did did not contain within it an itemized per-unit estimate of the services that were to be provided within the four corners of the agreement. Instead, the Plaintiff attached an invoice that was prepared after the date the assignment of benefits was executed by the Insured and the work completed, as an additional exhibit to the Complaint.
At the hearing on the Motion to Dismiss, Plaintiff’s counsel argued in opposition to the Defense’s Motion to Dismiss that because Plaintiff’s Assignment of Benefits Agreement referenced generally a forthcoming estimate of services, the invoice attached to the Complaint as an exhibit was incorporated by reference, and therefore contained within the Assignment of Benefits Agreement.
The Court was not swayed by the Plaintiff’s argument and dismissed the matter with prejudice. In the Court’s Order, it was expressly stated that the Court found that “. . . . paragraph two of the Assignment of Benefits Agreement attached to Plaintiff’s Complaint does not satisfy 627.7152(2)(a)(5) Fla. Stat. by referencing, generally, that Plaintiff will provide an invoice for services and Plaintiff attaching an invoice for $1,500.00 dated February 15, 2022 to the Complaint as an exhibit 2.” Read More.
