21 Fla. L. Weekly Supp. 441a
Online Reference: FLWSUPP 2105BROWInsurance — Homeowners — Standing — Assignment — Provision in homeowners policy that prohibits assignment of policy does not bar assignment of after-loss claim
RESTORATION 1 OF MIAMI, INC., A/A/O JENNIFER & REUBEN BROWN, Plaintiff, vs. FLORIDA PENINSULA INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE-14-000245. February 17, 2014. Honorable Sharon Zeller, Judge. Counsel: Ana Cristina Torres, Cohen Battisti, Winter Park, for Plaintiff. Elizabeth Levins, Quintairos, Prieto, Wood & Boyer, P.A., Fort Lauderdale, for Defendant.
ORDER ON DEFENDANT’S MOTION TO DISMISS
THIS CAUSE comes before the Court for consideration on Defendant’s Motion to Dismiss the Complaint. It is an action for a breach of contract arising out of emergency remediation services provided at the home of Jennifer & Reuben Brown resulting from damages to the home which occurred on or about May 30, 2013. In consideration for the provision of Plaintiff’s services, Mr. Brown agreed to assign their rights and benefits under the insurance policy to Plaintiff for this claim. Upon completion of their services, Plaintiff submitted its assignment of insurance benefits and invoice to Defendant for review and payment. This action ensued for the full value of Plaintiff’s unpaid invoice. After reviewing the Motion and hearing oral arguments, the Court hereby finds that:
The assignment of benefits received by Plaintiff contains the necessary language to effectuate an assignment. Consistent with well established case law in Florida, the provision in Defendant’s policy of insurance which prohibits assignment of the policy does not bar an insured’s assignment of an after-loss claim. West Fla. Grocery Co. v. Teutonia Fire Ins. Co., 74 Fla. 220, 77 So. 209 (1917); Continental Casualty Co. v. Ryan Inc. Eastern, 974 So.2d 368, 378 (Fla. 2008) [33 Fla. L. Weekly S59a]; Better Constr. v. National Union Fire Ins. Co., 651 So. 2d 141(Fla. 3d DCA 1995) [20 Fla. L. Weekly D420a]. Additionally, post-loss insurance claims are freely assignable without the consent of the insurer. Citizens Property Ins. Co. v. Ifergane, 114 So.3d 190, 195 (Fla. 3d DCA 2012) [37 Fla. L. Weekly D2205a]. Therefore, it is hereby
ORDERED AND ADJUDGED that Defendant’s Motion to Dismiss the Complaint is hereby DENIED.
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