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.
Key facts
- Total Care Restoration, LLC, a water-mitigation contractor, sued Citizens Property Insurance Corporation as assignee of the insured's insurance benefits for property damage.
- The trial court dismissed the complaint with prejudice, finding the assignment of benefits agreement invalid because it attached only a generic menu of the contractor's services and unit prices rather than an itemized, per-unit cost estimate specific to the insured's property as required by Florida Statutes section 627.7152(2)(a)4.
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Why it matters
The Third District now joins the Fourth (Air Quality Experts) and Fifth (Kidwell Group) Districts in holding that a noncompliant AOB is void and that the insurer may raise noncompliance, creating a consistent statewide… — full analysis with a trial
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