Showing all results for category “assignment of benefits”

Zachary Sonenblum Secures Dismissal with Prejudice in Breach of Contract Case

Congratulations to Zachary Sonenblum on securing a dismissal with prejudice on behalf of the insurer in a breach of contract case. The plaintiff lacked standing and the court lacked jurisdiction because the named assignee did not have an insurance policy with the defendant insurer. Additionally, the named insured testified under oath that he did not sign any contract or assignment with the plaintiff.

Strategic Motion Practice Forces Voluntary Dismissal on Eve of the Hearing

Congratulations to Irene Thaler on using strategic motion practice to force a voluntary dismissal on the eve of a hearing in a Florida coverage case. The plaintiff initially alleged breach of contract but dismissed its claim without prejudice after the filing of a motion to dismiss with prejudice and motion for sanctions by the defendant insurer.

Moody and Sonenblum Secure Final Summary Judgment for Insurer Client in Breach of Contract Case

Congratulations to Tom Moody and Zachary Sonenblum on securing final summary judgment for their insurer client in a Hurricane Sally breach of contract case in the Circuit Court of the First Judicial Circuit in and for Santa Rosa County, Florida.

Second DCA Determined Trial Court Wrongfully Determined Insurer Presented No Evidence Supporting a Verdict In Insurer’s Favor That It Paid The Prevailing Competitive Price To Replace a Windshield

Darrell Limia breaks down a Florida Second District Court of Appeal decision that a trial court erred in vacating a jury’s verdict after wrongfully determining that the insurer presented no evidence that it paid the prevailing competitive price to replace a windshield.

Clausen Miller Florida Attorneys Obtain Dismissals with Prejudice in Two Assignment of Benefits Cases

Douglas Cohen and Christopher Sempier in Miami-Dade County and Melissa Burghardt and KeiErica Baker in Broward County successfully argued that the plaintiffs in both cases failed to comply with a Florida statute requiring an itemized, per-unit cost estimate for services.

Douglas Cohen and Christopher Sempier Secured a Summary Judgment Ruling in the Insured’s Case and Dismissal of an Assignment-of-Benefits Case Arising Out of the Same Claim for Insurer Client

Clausen Miller attorneys Douglas Cohen and Christopher Sempier obtained a summary judgment ruling for their insurer client in the U.S. District Court for the Middle District of Florida, which dismissed the insured’s claim with prejudice.

CM Report of Recent Decisions – 2019 Volume 2

Iowa Supreme Court Declines To Recognize A Common Law Cause Of Action For Bad Faith Against A Claims Administrator Of A Workers’ Compensation Insurer

In De Dios v. Indem. Ins. Co. of N.

Florida Reforms Assignment of Benefits

After years of failed efforts
by Florida lawmakers to curb rampant abuse of assignment of benefits (“AOB”) applied
to property insurance policies, Florida Governor Ron DeSantis is expected to
soon sign into law sweeping AOB reform approved by the Florida Legislature.

Florida Fourth District Court of Appeals Upholds and Validates Assignment of Benefit Insurance Policy Language

The Florida Fourth District Court of Appeals on September 5, 2018 upheld and validated insurance policy language that requires the signatures of all insureds and mortgagees on an assignment of benefits (AOB).

The policy language stated “[n]o assignment of claim benefits,