Spartan Services Corp. v. Citizens Property Insurance Corp.
A water-mitigation contractor sued Citizens as assignee of homeowners' post-loss benefits; the trial court dismissed with prejudice for lack of standing, holding the AOB invalid because it made the insured responsible for "depreciation," an item not listed in section 627.7152(7)(b). The Third District reversed, holding that subsection (7)(b) contains no express or implied prohibition on such language and that only noncompliance with the requirements of section 627.7152(2) renders an assignment agreement invalid and unenforceable under subsection (2)(d).
Key facts
- Spartan Services Corp., a water-mitigation contractor, sued Citizens Property Insurance Corp. as assignee of homeowners' post-loss benefits under an assignment of benefits (AOB) agreement.
- The trial court dismissed the complaint with prejudice for lack of standing, ruling the AOB invalid because it required the insured to remain responsible for 'depreciation,' an item not enumerated in section 627.7152(7)(b).
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Why it matters
This aligns the Third District with the Second District's Well Done Mitigation decision, shutting down a recurring Citizens defense that AOBs adding "depreciation" to the insured's payment responsibilities violate… — full analysis with a trial
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