February 23, 2025

Kelley Kronenberg Defeats AOB Claim Through Statutory Defense

Kelley Kronenberg Partner Alan Swindoll secured a significant victory for our insurance company client in Miami-Dade County Court, obtaining a dismissal with prejudice in a first-party property case involving an assignment of benefits (AOB). The plaintiff, an AOB contractor, sought damages of approximately $30,000.00 under a breach of contract claim. 

The Court found that the plaintiff’s alleged assignment of benefits failed to include a written, itemized, per-unit cost estimate of services to be performed, a mandatory requirement under Section 627.7152, Florida Statutes. This statutory violation proved fatal to their case, resulting in a dismissal with prejudice. 

This victory demonstrates the effectiveness of challenging AOB claims based on strict statutory compliance, providing a valuable defense strategy for similar cases. 

For additional successes and details about our first-party property insurance defense practice, click here.

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