26 Fla. L. Weekly Supp. 118c
Online Reference: FLWSUPP 2602KOLLInsurance — Insurer’s obligation to pay insured’s assignee was not discharged by issuing a check to insured-assignor that was jointly payable to the assignor and the assignee
RESTORATIONS UNLIMITED, LLC a/a/o Martin Koller, Plaintiff, v. STATE FARM FLORIDA INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2017CC009680. March 15, 2018. Martha C. Adams, Judge. Counsel: Jordan T. Mejeur, Cohen Law Group, Maitland, for Plaintiff. Jennifer L. Velazco, Quintairos, Prieto, Wood, & Boyer, PA, Tampa, for Defendant.
ORDER GRANTING PLAINTIFF’SMOTION FOR SUMMARY JUDGMENT
THIS CAUSE came before this Honorable Court on March 5, 2018 for the hearing of Plaintiff’s Motion for Summary Judgment, and the Court having reviewed the motion, the record, hearing counsels’ arguments, and being sufficiently advised in the premises, the Court finds as follows:
Insured assigned the rights and benefits for Plaintiff’s mitigation services to Plaintiff. Plaintiff completed its services and submitted its assignment and invoice to Defendant for payment. Plaintiff and Defendant negotiated an agreed amount for Plaintiff’s services; however, Defendant issued the check to insured-assignor that was jointly payable to insured-assignor, a mortgage company, and Plaintiff-assignee, in violation of Plaintiff’s assignment.
A debtor’s obligation to pay assigned benefits to the assignee is not discharged by paying the assignor. Accordingly, it is ORDERED and ADJUDGED that Plaintiff’s Motion for Summary Judgment is GRANTED.
