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).
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