Trevor Potter from our Miami office secured a motion for judgment on the pleadings in favor of our insurance carrier client. The case centered on a Plaintiff’s Assignment of Benefits (AOB) that included outdated statutory language and a bilateral hold-harmless provision shifting burdens back onto the insured.

Plaintiff argued substantial compliance with the statute and raised estoppel claims, but the Court rejected all arguments. The Court found that outdated AOB language improperly narrowed indemnification duties under Fla. Stat. § 627.7152, that estoppel was not preserved in the pleadings, and that the only issue was the AOB’s validity.