Tom Moody and Mike Scott Secure Final Judgment Following Question of Assignments of Benefits Validity

Clausen Miller partner Tom Moody and senior associate Mike Scott were recently granted a Motion for Summary Disposition for the firm’s client by the First Judicial Circuit Court of Florida after addressing the validity of the plaintiff’s Assignment of Benefits.

The validity of the Assignment of Benefits was addressed at an August 11 hearing for the defendant’s motion to dismiss. The Court acknowledged that the Assignment of Benefits was signed on December 23, 2020; but the statutorily required, itemized estimate was dated December 24, 2020. The Court agreed that the later-dated estimate was not attached to the assignment agreement at the time of signing, as required by Florida’s AOB statute. As such, the Court ruled that the assignment agreement was invalid and unenforceable, as a matter of law.

Tom focuses his practice on civil-litigation defense, with an emphasis on first-party property disputes. He also has extensive experience successfully representing civil defendants in matters including insurer bad faith, commercial-premises liability, professional liability and malpractice, governmental-entity liability, pre-suit coverage analysis, admiralty and maritime claims, wrongful-death claims, and personal injury claims.

Mike has been practicing insurance defense in Florida since 2015, with a focus on first party property insurance and worker’s compensation defense. He has substantial experience representing Florida’s largest homeowner’s property insurance companies and defending municipalities and national companies in high exposure worker’s compensation cases.

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Clausen Miller is an insurance and defense law firm recognized as one of the top 10 Insurance Practice firms in the nation. Clausen Miller has offices in Chicago, Illinois; New York, New York; Orange County and San Francisco, California; Florham Park, New Jersey; Michigan City, Indiana; Appleton, Wisconsin; Stamford, Connecticut; Tampa, Florida; and London, England with affiliates located in Belgium, France, and Italy. Clausen Miller represents large commercial and personal lines insurance carriers, including reinsurers, throughout the United States and in Europe. Clausen Miller’s attorneys generally practice in all areas of Insurance Coverage, all areas of Professional Liability and Casualty Defense, Subrogation, and Appeals.