Noelia Vaccaro and Maria Chapman Secure Victory in AOB Dismissal Claim

Posted in Verdicts and Settlements on March 17, 2025

Noelia C. Vaccaro, an attorney in the Hollywood office, and Maria S. Chapman, an attorney in the Tampa office, recently prevailed on a motion to dismiss in an Assignment of Benefits (AOB) case in Escambia County, in which the Court granted the Defendant's Motion to Dismiss with prejudice. The court ruled that the Plaintiff's AOB was invalid under Florida Statute § 627.7152 because it lacked a written, itemized, per-unit cost estimate of services to be performed — a statutory requirement for AOB validity. The court further determined that the deficiency in the AOB was an issue of standing that could not be remedied through amendment. Consequently, the Plaintiff’s Amended Complaint was dismissed.