News & Events

Noelia C. Vaccaro recently prevailed on a motion to dismiss in an AOB case in Miami-Dade County, in which the Plaintiff filed a declaratory judgment action based on an alleged assignment of post-loss benefits (AOB) executed by the insured in late 2021. Defendant argued that the AOB failed to include a written, itemized, per-unit cost estimate of the services to be performed, only providing a price list, which violates section 627.7152(2)(a)4. The Court agreed with the Defendant, which held that a price list does not meet statutory requirements. The attached invoices were not incorporated into the AOB, rendering them insufficient to meet the statutory requirement.