22 Fla. L. Weekly Supp. 373b
Online Reference: FLWSUPP 2203COUTInsurance — Property — Standing — Assignment — Contractor assigned prospective insurance recovery of undetermined amount lacks standing
INTEGRATED TRADES CORPORATION, d/b/a ITC RESTORATION, a/a/o WILFRED COUTURE, Plaintiff, vs. MODERN USA INSURANCE COMPANY, Defendant. County Court, 10th Judicial Circuit in and for Polk County, Civil Division. Case No. 2012CC-3580. August 15, 2014. Gerald P. Hill, II, Judge. Counsel: Ana Christina Torres, for Plaintiff. Michael Sperounes, Groelle & Salmon, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTIONFOR SUMMARY JUDGMENT
THIS CAUSE came before the Court on August 1, 2014, for hearing on Defendant’s Motion for Summary Judgment (the “Motion”). Having reviewed the Motion, Plaintiff’s Response, having heard the arguments of counsel and otherwise being fully advised on the premises, the Court finds as follows:
1. The undisputed facts establish that:
a. Wilfred Couture suffered damage to her home on May 23, 2012;
b. Ms. Couture hired Plaintiff to provide certain services in connection with this damage;
c. Ms. Couture executed an assignment of insurance benefits (the “Assignment”) to Plaintiff on May 24, 2012; and
d. At the time of the Assignment, no claim had been adjusted for the loss occurring on May 23, 2012;
2. It is undisputed that at the time Ms. Couture executed the Assignment, no amounts had become fixed and due from Defendant in connection with this loss under the subject insurance policy.
3. The Policy provides in Paragraph (7) of “Sections I and II — Conditions” that “Assignment of this policy will not be valid unless we give our written consent.”
4. There is no dispute in the record that Defendant did not give written consent for the Assignment.
5. The Assignment occurred before any adjustment of the loss and before any right to payment or other benefits in connection with this loss had accrued, and therefore the Assignment is not valid. See Lexington Ins. Co. v. Simkins Industries, Inc., 704 So. 2d 1384 (Fla. 1998) [23 Fla. L. Weekly S41a].
Based on the foregoing, it is hereby ORDERED AND ADJUDGED:
1. Defendant’s Motion for Summary Judgment is GRANTED.
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