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Case:
AFCAM Group Corp d/b/a AFCAM Restoration a/a/o Jacqueline Varela v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Law Offices of Marcote & Marcote De Moya, PLLC
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez, Esq., and Senior Associate Alec Teijelo, Esq., secured a dismissal with prejudice in the matter styled AFCAM Group Corp d/b/a AFCAM Restoration a/a/o Jacqueline Varela v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for Plaintiff’s claim for payment relating to services rendered at the insured property pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, challenging the validity of the purported assignment, contending that it failed to comply with Florida Statute §627.7152, was therefore invalid and unenforceable, thus rendering Plaintiff without standing to maintain the lawsuit. Defendant’s motion was granted, as the purported assignment agreement did not contain the necessary rescission language. Read More.