April 8, 2024

Kelley Kronenberg Secures Dismissal of First-Party Property Case Arguing Lack of Standing

Kelley Kronenberg’s First-Party Property Team of Dakota Alvarez (Attorney), Todd Schwartz (Partner and Business Unit Leader), and Derek Goldsmith (Partner and Business Unit Leader), recently achieved a significant victory in defense of our insurance company client. The case, heard by Judge Luis Perez-Medina of the Miami Dade County Court, involved a plaintiff’s suit for breach of contract, claiming standing pursuant to an Assignment of Benefits (AOB) executed with the policyholder. 

Our defense team swiftly moved to dismiss the case, arguing a critical lack of standing because the AOB was executed with an individual not named in the policy. Despite damages sought totaling up to $8,000.00, our legal team effectively demonstrated that the plaintiff lacked the necessary standing to bring the suit against our client. 

Leveraging Florida law, our team argued that for an assignment to be valid, it must transfer a complete and present interest in property or rights from the assignor to the assignee. Our team cited relevant case law, including Fla. Power & Light Co. v. Road Rock, Inc., and Speedy Dry, Inc., A/A/O Wayne Parker v. Anchor Prop. and Casualty Ins. Co., to underscore the plaintiff’s failure to meet the legal requirements for standing. 

In a significant victory for our client, the Court granted our Motion to Dismiss with Prejudice, entitling us to reasonable attorney’s fees and costs. While a hearing on the defendant’s Motion for Entitlement to Fees and Costs is pending, this initial ruling establishes a strong precedent for our client’s position.