Premier Mitigation Services, Inc., etc. v. Citizens Property Insurance Corporation
In a written citation opinion, the Third District affirmed judgment for Citizens in an assignment-of-benefits suit brought by an emergency mitigation contractor. The court relied on section 627.7152(2)(c)'s statutory cap on emergency-circumstance assignments — the greater of $3,000 or 1 percent of the Coverage A limit — and section 627.7152(2)(d)'s declaration that a noncompliant assignment agreement is invalid and unenforceable. Consistent with Total Care Restoration and Spartan Services, a section 627.7152(2) violation subjects the assignee's claim to dismissal for lack of standing.
Key facts
- Premier Mitigation Services, Inc. performed emergency mitigation work on a residential property insured by Citizens Property Insurance Corporation and took an assignment of post-loss benefits from the insured.
- Premier sued Citizens in Miami-Dade County Court (Judge Gloria Gonzalez-Meyer) for breach of contract as assignee under the assignment of benefits agreement.
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Holdings
- An assignee may not receive an assignment of post-loss benefits under a residential property insurance policy in excess of the greater of $3,000 or 1 percent of the Coverage A limit where…
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Why it matters
Although issued as a citation PCA, this opinion is worth tracking because it adds another Third District data point enforcing the emergency-mitigation cap in section 627.7152(2)(c) as a hard standing bar rather than a… — full analysis with a trial
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