In Gale Force Roofing & Rest., LLC v. Am. Integrity Ins. Co., No. 2D22-4104 (Fla. 2d DCA Feb. 16, 2024), the Second DCA considered whether dismissal of a complaint was proper based on the AOB’s failure to “[c]ontain a provision that allows the assignor to rescind the assignment agreement without a penalty or fee by submitting a written notice of rescission” as required by § 627.7152(2)(a)2, Fla. Stat. (2021) (emphasis added). While the AOB contained some of these terms in different provisions, the Court concluded that its failure to contain a single provision setting forth each and every term made the AOB unenforceable. Specifically, while the AOB allowed for rescission, it did not permit rescission by submitting “a written notice.” And while it mentioned that rescission would be without a “penalty,” it did not also mention a “fee.” This decision supports filing a motion to dismiss in property insurance cases filed by an assignee if the AOB does not contain a single provision parroting the exact wording of the statute. View the opinion here.
