Glades Restoration, LLC, a.a.o. Jimmy McKinstry v. Homeowners Choice Property & Casualty Insurance Company, Inc.
The First DCA reversed two pre-answer dismissals with prejudice of an assignment-of-benefits contractor's payment claims against a homeowner's insurer, holding that a missing itemized attachment under § 627.7152(2) is a remediable pleading defect requiring leave to amend. The court also clarified that § 627.7152(2) requires only the assignment agreement itself to be executed — not a supporting cost estimate — and that a footer-date discrepancy on such an estimate raises a factual question that cannot be resolved on a motion to dismiss.
Key facts
- Glades Restoration, LLC, as assignee (a.a.o.) of homeowner Jimmy McKinstry, filed two complaints in Escambia County Court seeking payment for property repair services from McKinstry's insurer, Homeowners Choice Property & Casualty Insurance.
- The first complaint failed to attach the itemized services-and-prices list required by § 627.7152(2), though Restoration represented the document existed and had been sent to the insurer.
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Holdings
- Leave to amend should be given freely; failure to attach required documents is a remediable offense, and dismissal with prejudice is an abuse of discretion when the plaintiff has preserved…
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