MOLD BUSTER DETECTION SERVICES LLC v. CITIZENS PROPERTY INSURANCE CORPORATION (2022)

Appellant, under an assignment of benefits from a homeowners insurance policy, sued appellee insurance company for breach of contract in failing to pay for mold remediation services incurred in connection with a covered loss. Insurer moved to dismiss, arguing that the assignment of benefits failed to comply with the requirements of section 627.7152, Florida Statutes (2020). The trial court dismissed the action, and appellant appeals.

Appellant contends that the insurance policy had to comply with section 627.7153, Florida Statutes (2020). Section 627.7153 permits an insurance policy to prohibit the assignment of benefits if the insurer complies with the provisions of the statute. Appellant maintains that in order for the insurer to challenge the assignment based on section 627.7152, the insurer would have had to incorporate the requirements of that section into its policy. This argument is without merit. In this case, the insurance policy did not prohibit the assignment of benefits. Therefore, section 627.7153 is inapplicable. However, the assignment of benefits contract in this case was invalid for failure to comply with section 627.7152. See Total Care Restoration, LLC v. Citizens Prop. Ins. Corp., 337 So. 3d 74 (Fla. 4th DCA 2022). The trial court correctly dismissed the complaint.

Affirmed.

Per Curiam.

Klingensmith, C.J., Warner and Conner, JJ., concur.