December 4, 2024
ShareKelley Kronenberg Secures Judgment Victory in Property Insurance Assignment of Benefits Case
Kelley Kronenberg Attorney Candice Magee secured a significant victory for Citizens Property Insurance Corporation in Miami-Dade County Court. The Court granted a Motion for Judgment on the Pleadings with prejudice, effectively dismissing a claim that carried a potential exposure exceeding $25,000.00.
The case centered on an invalid Assignment of Benefits (AOB) agreement that contained language allowing for the collection of depreciation—a provision that directly conflicts with Florida Statutes 627.7152(7)(a) and (b). Through careful analysis of the agreement’s language, Candice successfully demonstrated that this non-compliant provision rendered the entire assignment invalid, leaving the plaintiff without standing to maintain the action.
The Court retained jurisdiction for the determination of attorney’s fees and costs due to the defendant as the prevailing party.
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