Understanding Assignment of Benefits in Florida

– The Florida assignment of benefits statute affects both homeowners and businesses.
– Section 627.7152 of the Florida Statutes outlines the requirements for a valid assignment of benefits agreement.
– An assignment of benefits agreement involves the transfer of insurance benefits from the policy holder to a third party.
– The validity and enforceability of assignment of benefits agreements are subject to review, as seen in The Kidwell Group, LLC v. American Integrity Insurance Company of Florida case.
– In the Kidwell case, the court considered whether the services provided by Air Quality fell within the scope of Section 627.7152 of the Florida Statutes.
– Ultimately, the specific terms and nature of the services provided under the assignment of benefits agreement were important factors in the court’s evaluation. 1. The insurer filed a motion to dismiss the lawsuit, arguing that the assignment of benefits agreement did not meet the requirements of Florida Statutes section 627.7152.
2. The trial court agreed with the insurance company and dismissed Air Quality’s complaint.
3. The appellate court confirmed the dismissal, stating that the agreement was subject to the assignment of benefits statute, regardless of Air Quality’s attempt to disguise it as something else.
4. As a consumer, it is important to understand the scope of work and rights under Section 627.7152 of the Florida Statutes before signing an assignment of benefits agreement.
5. Contractors should be familiar with Section 627.7152 of the Florida Statutes and consult counsel to properly draft assignment agreements to ensure compliance and payment for their work.

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