The Kidwell Group, LLC, d/b/a Air Quality Assessors of Florida, etc. v. Southern Oak Insurance Company
The Third DCA reversed a Miami-Dade County Court order dismissing an insurance assignee's breach-of-policy complaint with prejudice. The trial court had held that the assignment of benefits was invalid because its cost estimate was too generic to satisfy section 627.7152(2)(a)5., Florida Statutes. On appeal, the insurer conceded error, and the Third DCA agreed, holding that listing a single service — an "Engineer Report with Repair Plan" — with an incorporated invoice at a stated price of $5,000 was sufficient to satisfy the statute.
Key facts
- Insureds Diane and George Sariego suffered property damage in 2020 and hired plaintiff, a forensic engineering firm, to perform professional engineering services related to the loss.
- In June 2022, the insureds executed an assignment of benefits in favor of plaintiff covering an 'Engineer Report with Repair Plan' at an estimated price of $5,000, with an incorporated invoice describing the same service.
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Holdings
- An assignment of benefits satisfies section 627.7152(2)(a)5., Fla. Stat., when it lists a single service with an estimated per-unit cost, even without granular line-item detail; a…
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