UNION RESTORATION, INC. A/A/O ELLA AND LLOYD FIELDS
v.
HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY
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Union Restoration, a contractor, appealed a trial court's dismissal of its breach of contract action against Heritage Property & Casualty Insurance Company for lack of standing. Union claimed standing based on an alleged assignment of insurance policy benefits from homeowners Ella and Lloyd Fields, but the court found the assignment invalid because it was not signed by all required parties under the policy terms. The appellate court affirmed the dismissal.
The court affirmed the dismissal because the assignment was invalid as it was not signed by all required parties—specifically one of the insureds and the mortgagee—as mandated by the underlying property insurance policy. Policy provisions requiring consent of all insureds and the mortgagee before assignment of rights are enforceable.
[1] A property insurance policy provision requiring the signature and consent of all insureds and the mortgagee as a condition to the validity of an assignment of policy righ…
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Join FLexlaw to unlock all legal intelligence“a provision of a property insurance policy requiring the consent of all insureds and the mortgagee before the insureds' rights may be assigned is enforceable”
Court citation to Restoration 1 of Port St. Lucie v. Ark Royal Ins. Co., 255 So. 3d 344, 348 (Fla. 4th DCA 2018)
Union Restoration performed water damage repair services at the Fields' home and sought payment from Heritage Insurance based on an assignment of the …
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Opinion filed October 13, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-0170 Lower Tribunal Nos. 19-22433 CC & 20-164 AP ________________ Union Restoration, Inc. a/a/o Ella and Lloyd Fields,
Appellant,
vs.
Heritage Property & Casualty Insurance Company, Appellee. An Appeal from the County Court for Miami-Dade County, Natalie Moore, Judge. Law Office of Asher Perlin, and Asher Perlin (Hollywood), for appellant. Link & Rockenbach, PA, and Kara Rockenbach Link and Daniel M. Schwarz (West Palm Beach), for appellee. Before SCALES, MILLER and BOKOR, JJ. PER CURIAM.
Union Restoration, Inc. (“Union”) a/a/o Ella and Lloyd Fields (“the insureds”), the plaintiff below, appeals a July 29, 2020 final order dismissing its amended complaint for lack of standing. Union is a contractor that performed repair services at the insureds’ home after the home incurred water damage. Union’s amended complaint alleged a breach of contract action against Heritage Property and Casualty Insurance Company, the defendant below, based on the insurer’s alleged failure to pay policy benefits to Union. Finding no error in the trial court’s determination that the assignment attached to the amended complaint is invalid because it was not signed by one of the insureds and the mortgagee, as required by the underlying property insurance policy, we affirm. See Restoration 1 of Port St. Lucie v. Ark Royal Ins. Co., 255 So. 3d 344, 348 (Fla. 4th DCA 2018) (holding that a provision of a property insurance policy requiring the consent of all insureds and the mortgagee before the insureds’ rights may be assigned is enforceable); but see Sec. First Ins. Co. v. Fla. Office of Ins. Regulation, 232 So. 3d 1157 (Fla. 5th DCA 2017).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sec. First Ins. Co. v. Fla. Off. of Ins. Reg., 232 So. 3d 1157 (Fla. 5th DCA 2017)
- Restoration 1 OF Port ST. Lucie v. Ark Royal Ins. Co., 255 So. 3d 344 (Fla. 4th DCA 2018)