February 28, 2023Share
Kelley Kronenberg Continues Winning Streak Against The Kidwell Group
Kelley Kronenberg First-Party Property Partner, Kurt Ciell, continued his success against repeat plaintiff, The Kidwell Group, obtaining another Summary Judgment based on an invalid AOB (Assignment of Benefits) and lack of standing. The honorable Judge Eric Leontiev presided over this Lee County, Florida case.
Plaintiff filed a breach of contract lawsuit to recover $3,000.00 charged to a homeowner for an “Engineering Report” allegedly prepared in relation to the homeowner’s pending insurance claim. However, the exposure to the carrier reached much farther. As Plaintiff filed a Civil Remedy Notice, success in the instant suit would have allowed Plaintiff to bring a Bad Faith action against the carrier. Additionally, attorneys’ fees and costs would have been due and owing.
With all of this at stake, Kurt Ciell launched on a rigorous course of action, filing a Motion for Summary Judgment on the basis that the underlying assignment agreement between Plaintiff and the insured failed to meet the requirements of §627.7152(2)(a)4 and, therefore, Plaintiff lacked standing to sue. The Court found the agreement between Plaintiff and the insured related to services that fall within §627.7152(1)(b); but the AOB failed to comply with §627.7152(2)(a)4 and 5, making it unenforceable under §627.7152(2)(d). Specifically, the AOB lacked a “written, itemized, per-unit cost estimate of the work to be performed” by Plaintiff and stated the services provided by Plaintiff were “in no way meant to protect, repair, restore, or replace damaged property or to mitigate against further damage to the property,” which is an apparent failure to comply with the requirement under 627.7152(2)(a)5, Florida Statutes. Further, the Court noted, without a valid AOB, Plaintiff lacked standing under the insurance contract and could not maintain a cause of action.
By virtue of the Court’s conclusions, Defendant was entitled to a judgment in its favor as a matter of law. This favorable ruling secured by Kurt Ciell shielded our client from the damages sought in the Complaint, as well as any fees, costs, or potential action for Bad Faith.