Apex Roofing and Restoration LLC a/a/o Monica Williams v. United Services Automobile Association
Apex Roofing sued USAA for statutory bad faith as assignee under an AOB; the trial court dismissed, following the Fourth District's Kidwell Group decision holding that section 627.7152(2)(a) requires the itemized per-unit cost estimate to be provided at the time the AOB is signed (here the estimate was dated a day later). The First District reversed, holding the validity of the AOB — including whether the two documents formed one agreement and whether USAA waived or is estopped from contesting validity — presents factual questions not resolvable on a motion to dismiss, and expressly signaled disagreement with Kidwell's reading of the statute.
Key facts
- Apex Roofing, as assignee under an Assignment of Benefits (AOB) from homeowner Monica Williams, sued USAA for statutory bad faith after USAA denied a roofing claim.
- The AOB was signed on one date, but the itemized per-unit cost estimate required by section 627.7152(2)(a) was dated the following day.
- +2 more key facts with a free trial
Why it matters
This decision creates an express split with the Fourth District's Kidwell Group line on whether section 627.7152 requires a per-unit cost estimate to be delivered simultaneously with the AOB, giving contractor-assignees… — full analysis with a trial
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