Dismissal with Prejudice After Hearing

Congratulations Max Erd for obtaining a dismissal with prejudice of a Benchmark Consulting lawsuit.

Recently, members of Benchmark Consulting, d/b/a Castle Roofing, were arrested for their alleged involvement in causing damage to roofs to file fraudulent property insurance claims.

During litigation, it became clear that Plaintiff's assignment of benefits failed to comply with the requirements of Section 627.7152. Subsequently, Benchmark and the insured entered a "Waiver of Assignment of Benefits". Benchmark filed a Motion to Substitute Party Plaintiff, and Defendant filed an Opposition to same and Motion to Strike Benchmark's Complaint. Max argued that Plaintiff's proposed substitution would create a new cause of action, as the proposed amendment would be a new suit under Section 627.70152. The statute defines "claimant" as an "Insured who is filing suit" which is a clear distinction from an Assignee who is not an "insured" under the policy. The Court agreed and denied Plaintiff's Motion. Further, as Plaintiff brought this action pursuant to an Assignment Agreement that has been rescinded, the Court granted Defendant's Motion to Strike as the Complaint was immaterial and impertinent.

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