September 7, 2023

Kelley Kronenberg Triumphs: Invalid AOB Case Dismissed with Prejudice, Preventing $60k Claim

In an exceptional triumph, Kelley Kronenberg Partner, Lizbell Lucero, successfully secured a dismissal with prejudice due to an invalid Assignment of Benefits (AOB). 

The case revolved around a windstorm claim where the insured party had already been granted a net payment for roof replacement. Subsequent to this, the Plaintiff presented an allegedly assigned agreement. However, the document was found to be inadequate in accordance with the mandates of Fla. Stat. 627.7152. 

The purported assignment agreement presented by Plaintiff lacked a detailed, item-by-item cost estimate of the work to be done, constituting a violation of the said Florida Statute. Additionally, the estimate produced was dated post the signing of the assignment agreement, signifying it was a distinct document and further sealing its non-compliance. 

Plaintiff, who was seeking damages approaching $60,000, was left without a case following the dismissal with prejudice. This means they are barred from refiling the claim and denied claims to any fees and costs.  

This victory is directly attributable to the resolute dedication of Lizbell Lucero, whose expertise and innovative defense strategies are emblematic of Kelley Kronenberg’s commitment to defending our clients against invalid claims.