The Second District Court of Appeal upheld a trial court’s order dismissing a complaint for failure to comply with section 627.7152, Florida Statutes, over arguments that the plaintiff was not subject to this assignment of benefits statute.
In the underlying case, an insured sustained damage to his home and filed a claim with his insurer, American Integrity Insurance Company of Florida (“American Integrity”); American Integrity denied the claim. The insured thereafter assigned his claim to Holding Insurance Companies Accountable (“HICA”) for the “sole purpose” of filing a lawsuit against American Integrity for unpaid insurance benefits. In actuality, however, HICA acts as essentially a general contractor in ultimately paying a roofing company to perform the repairs. HICA’s entire business model seeks to make an end-run around the Legislature’s assignment of benefits reforms.
HICA brought suit against American Integrity in its capacity as the insured’s assignee. A dispute arose concerning whether section 627.7152, Florida Statutes, applied to the assignment agreement. Section 627.7152 contains strict requirements for assignment of post-loss benefits agreements. If the statute applied, it was undisputed that the agreement did not comply with the statute.
The trial court granted summary judgment to American Integrity, finding that section 627.7152 applied to HICA’s assignment agreement, the agreement did not comply with the statute, and HICA lacked standing to assert the insured’s claim.
On appeal, FJRI filed an amicus brief in support of American Integrity, explaining the legislative history that led to enactment of section 627.7152 and why the statute’s text and history supported its application to HICA’s assignment agreement.
On May 1, 2024, the Second District per curiam affirmed the trial court’s order, upholding the dismissal of HICA’s complaint.
FJRI was represented by William W. Large and Tiffany Roddenberry of Holland & Knight LLP.