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Summary Judgment in First-Party Property Case

February 25, 2013

Scott M. Rosso, of our Fort Lauderdale office, obtained a final summary judgment in a first party property case. The Insured made a claim on her homeowner’s insurance, alleging that her home was damaged by a water event. The Insured timely reported the claim to the Carrier and assigned her benefits to a Public Adjuster and water mitigation company, the Plaintiff in the case. Coverage was found during pre-suit and a check was issued to the Insured made payable to the Insured, Public Adjuster, and Water Mitigation Company. The monies were issued and accepted by the Insured, but the check was never cashed. The Plaintiff did not receive payment as the Insured was holding onto the check. Plaintiff filed suit alleging that the Defendant was in breach by not paying the Plaintiff directly for services provided, pursuant to the assignment of benefits which was executed with the Insured. Scott maintained the Defendant did adhere to the Policy’s loss payment clause which required them to pay the Insured who in turn was to distribute payment to the water mitigation company. Plaintiff’s counsel attempted to argue that our position was contrary to assignment law. However, the Court agreed with Scott’s persuasive argument and granted final summary judgment in favor of the Defendant.

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