Anthony Perez, Esq., obtained a dismissal with prejudice in the matter styled Water Dryout, LLC a/a/o James Battaglia v. Citizens Property Insurance Corporation. 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 for Summary Judgment, and its Motion for Sanctions Pursuant to Florida Statute §57.105, arguing that Plaintiff lacked standing, as the purported assignment was invalid, and a misrepresentation.

Defendant’s motions were based on an affidavit executed by the insured, attesting to the fact that the signature on the purported assignment was not his, that he did not sign any contract with the Plaintiff, and that he did not even hire the Plaintiff to perform any services at his property. Just before the hearing on Defendant’s motions, Plaintiff dismissed the case. Read More.