Case:
Water Tech Restoration, LLC a/a/o Olga Mederos v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Levy & Partners, PLLC
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez, Esq., secured a dismissal with prejudice in the matter styled Water Tech Restoration, LLC a/a/o Olga Mederos 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, and thus rendered Plaintiff without standing to maintain the lawsuit. Defendant’s motion was granted, without prejudice, as the purported assignment agreement did not contain the requisite written, itemized, per-unit cost estimate of the services to be performed by the assignee. Plaintiff then filed an amended complaint, attempting to cure the deficiency. Defendant filed its second motion to dismiss, again challenging the validity of the purported assignment, and Plaintiff’s standing to file suit. In advance of the hearing on Defendant’s second motion, Plaintiff dismissed the case with prejudice. Read More.
