Case:
First Respond Mitigation Services a/a/o Thomas G. Downes v. Defendant Insurance Company
Practice Area:
Attorney(s):
Plaintiff Counsel:
Vargas Gonzalez Baldwin Delombard
Result:
Dismissal with Prejudice
Summary:
Miami Senior Partner Anthony Perez secured a dismissal with prejudice in the matter styled First Respond Mitigation Services a/a/o Thomas G. Downes v. Defendant Insurance Company. Plaintiff filed suit alleging that Defendant breached the insurance contract by denying coverage for its 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 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 was also awarded entitlement to the recovery of its attorneys’ fees and costs incurred defending this lawsuit. Plaintiff reimbursed Defendant for those fees and costs. Read More.
