In The Construction Guys, Inc. a/a/o Micciulli v. United Property & Casualty Insurance Company, the plumbing contractor filed suit against the insurance company seeking benefits for repairs made on behalf of United’s insured. The Construction Guys, Inc. claimed to have standing as an assignee of the Insured but the document on which suit was based stated as follows:

I, Insured herein authorize: The Construction Guys, Inc. to perform necessary repairs to bring my home at 32 Bedford B West Palm Beach FL 33417 to pre loss condition. For Plumbing Only…I herein direct my insurance carrier United Property & Casualty Ins. Co. to directly pay The Construction Guys, Inc. for this work performed on the above claim.

Groelle & Salmon argued that the agreement did not contain any language conveying any sort of assignment of benefits and therefore the Plaintiff lacked standing to bring suit against the insured’s carrier. In opposition to the Motion to Dismiss, opposing counsel argued that despite the lack of language granting an assignment, Construction Guys had an implied equitable assignment. Palm Beach County Court Judge Frank Castor dismissed the entire suit with prejudice, thereby foreclosing The Construction Guys’ ability to amend the Complaint. Judge Castor’s Order stated that although the agreement between the Plaintiff and the Insured conferred an authorization for payment to third party, it did not assign any rights or benefits to file suit or litigate a claim against the Insured’s carrier.

Congratulations to Nestor A. Marante and Nishall Jairam, who argued the motion before Judge Castor.