Case:
Dri-Force Restoration, Inc. a/a/o Ocean Breeze Condo, Inc. v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
The Wier Law Firm, P.A.
Result:
Dismissal with Prejudice & Sanctions
Summary:
Miami Senior Partner Anthony Perez secured a dismissal with prejudice and sanctions in the matter styled Dri-Force Restoration, Inc. a/a/o Ocean Breeze Condo, Inc. v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the commercial insurance contract by denying coverage for its claim for payment relating to services rendered at the insured condominium pursuant to an assignment of benefits. Defendant filed its Motion to Dismiss, and its Motion for Sanctions pursuant to Florida Statute §57.105, 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 to Dismiss was granted, 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. Defendant’s Motion for Sanctions pursuant to Florida Statute §57.105 was also granted, as Plaintiff should have known that its claim based on an invoice for services that had already been performed did not comply with Florida Statute §627.7152. Plaintiff reimbursed Defendant for the attorneys’ fees incurred defending Plaintiff’s frivolous claim. Read More
