Well Done Mitigation, LLC, a/a/o Escalona v. Citizens Property Insurance Corporation
The Second DCA reversed dismissal of a water mitigation contractor's assignment of benefits (AOB) breach of contract suit against Citizens, holding that the assignment agreement's payment terms did not violate § 627.7152(7)(b) when read as a whole. More significantly, the court held that even if § 627.7152(7) had been violated, such a violation would not render an assignment agreement invalid and unenforceable—the invalidity consequence appears only in § 627.7152(2)(d) and applies solely to noncompliance with subsection (2).
Key facts
- Lazaro Escalona's home, insured by Citizens Property Insurance Corporation, suffered weather-related damage on September 27, 2022.
- Escalona assigned his insurance benefits to Well Done Mitigation, LLC in exchange for water dryout services; the assignment agreement included payment terms referencing deductibles, betterment, depreciation, and additional work not covered by insurance, as well as a severability clause.
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Holdings
- Assignment of benefits payment terms must be read in their entirety and not in isolation; language addressing 'depreciation or additional work not covered by insurance' is permissible when…
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