Total Care Restoration, LLC, a/a/o Yoel Bernal v. Citizens Property Insurance Corporation
A water-mitigation contractor sued Citizens as assignee of the insured's benefits; the trial court dismissed with prejudice because the assignment of benefits agreement attached only a generic menu of the contractor's available services and unit prices rather than an itemized, per-unit cost estimate of the services to be performed on the insured's property, as required by section 627.7152(2)(a)4., Florida Statutes. The Third District affirmed, holding the AOB was 'invalid and unenforceable' under section 627.7152(2)(d), that this means void rather than voidable, and that the insurer has standing to challenge the AOB's statutory compliance.
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