Senior Associate Alec Masson, Esq., obtained a Dismissal with Prejudice in the matter of ELR Restoration Inc. A/A/O Jose Alemany v. Auto Club Insurance Company of Florida. The Plaintiff, ELR Restoration Inc. (“ELR”), as an assignee of the named insured, sued Auto Club under a breach of contract theory alleging that Auto Club failed to pay for services that, per the Complaint, were “to be rendered” and “to be provided” pursuant to a Work Authorization and Assignment of Benefits executed by the named insured. ELR’s Complaint attached and incorporated the Work Authorization and Assignment of Benefits and its Invoice at issue as Exhibits to its Complaint. The plain language of the Work Authorization and Assignment of Benefits provided for direct payment to ELR “for the services that are performed in conjunction with the [insurance claim]” and also stated that the Assignment of Benefits was provided to it in “consideration for” “repairs” made. ELR’s Invoice also clearly illustrated that its services consisted of “roof inspection” and “roof assessment” services and did not include any repair services.  

 

We filed a Motion to Dismiss ELR’s Complaint arguing that Plaintiff failed to state a cause of action and that the Exhibits incorporated into ELR’s Complaint negated its cause of action and rendered any future amended complaints futile. The Court agreed and granted our Motion to Dismiss with prejudice.  Read more