Background
Premier Mitigation Services appealed a Miami-Dade County Court ruling in its case against Citizens Property Insurance Corporation. The opinion does not describe the underlying property loss or the precise lower-court disposition.
The appeal concerned an assignment of post-loss insurance benefits under a residential property policy. Florida law limits an assignee’s recovery under an assignment executed during an urgent or emergency circumstance to the greater of $3,000 or 1 percent of the policy’s Coverage A limit.
The Court’s Holding
In a per curiam decision, the Third District affirmed. The court relied on section 627.7152(2)(c) and (d), Florida Statutes, which make a noncompliant assignment agreement invalid and unenforceable.
The court also cited its prior decisions holding that a claim premised on a statutorily invalid assignment may be dismissed and that a violation of section 627.7152(2) deprives the assignee of standing to pursue the insurer.
Key Takeaways
- Emergency assignments of post-loss residential-property benefits are subject to a statutory cap.
- An assignment that does not comply with section 627.7152(2) is invalid and unenforceable.
- A noncompliant assignee lacks standing to maintain a claim against the insurer.
Why It Matters
The decision reinforces the Third District’s strict enforcement of Florida’s assignment-of-benefits statute. Mitigation companies pursuing insurance claims as assignees must ensure that emergency assignments comply with the statutory recovery limit.