Velasquez & Associates, P.A.

Dismissal with Prejudice

Miami Senior Partner Anthony Perez, Esq., secured a dismissal with prejudice in the matter styled South Florida Restoration Service, LLC a/a/o Barbara Cabanas 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 necessary language, or 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 deficiencies. Defendant filed its second motion to dismiss, contending that Plaintiff’s purported assignment agreement still failed to comply with Florida Statute §627.7152, and was therefore invalid and unenforceable. Just hours before the hearing on Defendant’s second motion, Plaintiff dismissed the case with prejudice. Read More.