In P and R 24 7 Restoration LLC a/a/o Paola Medina v. Citizens Property Insurance Corporation, Lauren Farinas, Esq. successfully prevailed on a Motion for entitlement to Attorney’s Fees under Fla. Stat. 627.7152(10). This was the first entitlement Order obtained by Citizens Property Insurance Corp. under this new statute. Plaintiff commenced this action based upon an assignment of benefits under Citizens’ policy, which is governed by Fla Stat. 627.7152.
This statute was newly enacted in 2019, and governs assignment agreements for companies who perform post- loss mitigation services and repairs to residential and commercial properties. After MMP&S successfully obtained an Order granting Citizens’ Motion to Dismiss the Plaintiff’s Complaint with prejudice based upon a non-compliant assignment of benefits, MMP&S then sought to recover their attorney’s fees under this statute. MMP&S successfully refuted the Plaintiff’s argument in opposition to entitlement of fees under the statute at a hearing in Palm Beach County Court, arguing that a $0 judgment was obtained by virtue of the dismissal and Citizens complied with the statute by timely inspecting the insured property.
The Order granting entitlement to attorney’s fees was subsequently entered.