Motion To Dismiss Granted in Polk County
Congratulations to American Strategic Insurance Corp and Elif Dreesbach on another assignment of benefits dismissal in Polk County!
The Polk County Court granted a Motion to Dismiss with Prejudice, holding that the assignment of benefits was not valid under Fla. Stat. 627.7152.
The assignment, despite containing language that the services were not being done under emergency circumstances, contained water mitigation and dryout services that the Court found were emergent in nature and exceeded the $3,000.00 statutory cap for emergency services. The Court also found that the line item for "Mold Remediation as per Xactimate Estimate" was not a valid itemized, per-unit cost estimate under the statute, distinguishing this case from the valid itemized estimate in MVP Plumbing v. Citizens Prop. Ins. Corp., 359 So. 3d 885 (Fla. 3rd DCA 2023) relied upon by Plaintiff.
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Contact us now to speak with an experienced attorney and learn how we can help you achieve favorable outcomes in your Homeowners or Property Insurance Case in Polk County!
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