March 4, 2025
ShareKelley Kronenberg Secures Dismissal in AOB Emergency Services Dispute
Kelley Kronenberg Practice Partner Jennifer Orcutt-Angius achieved an outstanding victory for Citizens Property Insurance Corporation in Miami-Dade County, successfully resolving an Assignment of Benefits (AOB) dispute that carried approximately $25,000.00 in total exposure.
The case centered on emergency water mitigation services performed by the plaintiff, Waterfire Restoration, LLC, as an assignee of the insured, Gloria Miranda. The plaintiff disputed Citizens’ payment of $3,000.00, demanding approximately $10,000.00 for their services.
Jennifer skillfully leveraged Florida Statute Section 627.7152(2)(a)(7)(c), which limits assignees performing emergency services to protect property from damage to no more than $3,000.00 or 1 percent of the Coverage A limit. Her well-crafted motion for summary judgment based on this statutory cap proved compelling, ultimately persuading the plaintiff to dismiss their case with prejudice rather than face an unfavorable ruling.
This victory demonstrates the effectiveness of Jennifer’s strategic approach to AOB litigation and her expert knowledge of Florida’s insurance statutes, resulting in significant cost savings for the carrier with no additional payment beyond the statutory amount already tendered.
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