Hiriana R. Tuch (Hollywood, FL) (Property) obtained an order granting Final Summary Judgment in the County Court of the 17th Judicial Circuit in Broward County, FL. The Plaintiff is a remediation company who allegedly executed an assignment of benefits agreement with the insured and provided remediation services to the insured following an alleged kitchen leak at the subject property.
Suit was filed for breach of contract and attached to their Complaint an unexecuted assignment agreement which was not executed by either the insured or Plaintiff and the assignment also failed to include a per unit cost estimate pursuant to Fla. Stat. 627.7152(2)(a)(2). Defendant filed a Motion to Dismiss Plaintiff’s Complaint due to the assignment being invalid and unenforceable for the above reasons. Plaintiff filed an Amended Complaint prior to the hearing on the Motion to Dismiss and they attached an executed assignment agreement and an estimate which was not contemporaneous with the assignment. Defendant argued that the assignment agreement and estimate attached to the Amended Complaint are still noncompliant with Flat Stat. 627.7152. The Judge denied the Motion to Dismiss stating that these issues should be raised in a Motion for Summary Judgment as she is only able to look at the four corners of the Complaint when ruling on a Motion to Dismiss.
Defendant filed their Motion for Summary Judgment and set the Motion for hearing. On July 25, 2023, Defendant argued that the Plaintiff failed to attach a per unit cost estimate to the Amended Complaint because the estimate attached was not contemporaneous with the assignment agreement as evidenced by the dates on both documents Defendant further argued that the Fourth District Court of Appeals recently evaluated a similar assignment agreement, holding that the failure to include an itemized per-unit cost list invalidates the assignment agreement.
Plaintiff was not able to provide a reason why the estimate had a different date than the assignment. The Court agreed with Defendant’s arguments and granted Defendant’s Motion for Summary Judgment.