Plaintiff, Fortification Testing, placed a tarp on the roof of Defendant’s insured’s property pursuant to an Assignment of Benefits (AOB). The underlying claim had been denied before services were performed by Fortification and before the AOB was signed. Defendant informed Fortification of the denial and declined to pay their invoice for tarp placement. Fortification filed suit, alleging to be the assignee of David Cooper, who was not Defendant’s insured. Further, the AOB was defective on several grounds. Defendant Insurance Company filed a Motion for Summary Judgment arguing that 1.) Plaintiff’s AOB was defective because it holds the insured liable for payments for work potentially not covered under the insurance policy in violation of Florida Statute 627.7152 et. seq.; 2.) the AOB did not contain a written, itemized, per-unit cost estimate of services to be performed, as required by Florida Statute 627.7152(2)(a)(5), which rendered the AOB void and unenforceable; and 3.) the AOB was not executed on behalf of Defendant’s insured and therefore Plaintiff lacked standing to enforce rights under the policy on behalf of Defendant’s insured.

Plaintiff filed a Response in Opposition to Defendant’s Motion for Summary Judgment and a hearing was scheduled. On the morning of the scheduled hearing, November 12, 2024, Plaintiff filed a Notice of Voluntary Dismissal without prejudice, and later converted the Dismissal to With Prejudice.