November 27, 2023

Kelley Kronenberg Secures Dismissal of AOB Suit Using Innovative Legal Approach

Kelley Kronenberg Practice Group Partner, Emma Meyerson, alongside Partner, Jake Huxtable, achieved a significant legal triumph in the case of Modern Design Services v. TypTap Insurance Company. The lawsuit, revolving around an Assignment of Benefits (AOB) dispute, concluded with the dismissal of the plaintiff’s claims with prejudice, owing to the innovative legal approach adopted by the defense team. 

The plaintiff had obtained an AOB under false pretenses, purportedly for “estimating services,” which were actually conducted by a Florida Public Adjuster. Leveraging this crucial discovery, Emma Meyerson and Jake Huxtable argued that the AOB was an illegal contract, violating both the AOB statute (627.7152) and the regulations governing public adjusters in Florida (626.854). 

This compelling legal strategy led to the judge’s decision to issue a Court Ordered Dismissal of the AOB Suit With Prejudice, protecting TypTap Insurance Company from an unjust $17,470.00 claim and potential losses exceeding $25,000.00. 

Kelley Kronenberg expresses gratitude to TypTap Insurance Company for their trust in handling this complex matter.