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Dismissal in Post-Loss Assignment of Benefits Case Involving Water Remediation Company

Karina Perez, of the Tampa office, obtained a dismissal with prejudice and was awarded all defense fees and costs pursuant to 57.105 for our client. The case involved a post-loss assignment of benefits by an insured to a water remediation company for services performed at the insured’s residence. Before the Plaintiff remediation company filed suit, our client, the insurance carrier, informed Plaintiff that it had already paid the full amount of the remediation invoice, jointly to the insured and the Plaintiff remediation company. Nevertheless, the remediation company maintained the insurer “violated” the assignment, from the insured, which purportedly required direct payment to the remediation company. However, Karina argued that the insurance carrier was not a party to the assignment, and, further, that payment to one payee constitutes delivery to both. The trial court agreed and dismissed with prejudice, in addition to awarding the defense fees and costs under 57.105.

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