May 14, 2024

Kelley Kronenberg Secures Dismissal and Fees in Palm Beach County AOB Case

Kelley Kronenberg Partner and Business Unit Leader, Jake Huxtable, took the helm in a recent case representing American Integrity Insurance Company of Florida against The Kidwell Group d/b/a Air Quality Assessors (AQA) for Breach of Contract. This case was before the Honorable Judge James Sherman of Florida’s Fifteenth Judicial Circuit in and for Palm Beach County. 

Initiating an assertive defense, Jake Huxtable promptly filed a Motion to Dismiss for Invalid Assignment of Benefits (AOB) as the plaintiff, AQA, sought insurance proceeds for mold testing services. Despite the plaintiff’s $2,625.00 claim, the Court ruled in favor of our client, dismissing the case due to AOB violations outlined in Fla. Stat. 627.7152. Furthermore, our client was awarded $3,500.00 in fees and costs. 

Under Jake Huxtable’s direction, our defense strategy centered on meticulous legal analysis and strict adherence to the statutory framework provided by Section 627.7152 of the Florida Statutes. The plaintiff’s AOB, executed over two years after the statute’s enactment, failed to meet legal requirements and contained prohibited elements. 

 

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