Congratulations to Homeowners Choice Property & Casualty Insurance Company on a partial summary judgment ruling in Hillsborough County. In Nicon Construction, Inc. & B&M Clean, LLC d/b/a/ Sun Construction a/a/o Richard Prager v. Homeowners Choice Property & Casualty Insurance Company, two vendors alleged standing based upon separate assignments of benefits. Hazel Turner of Groelle & Salmon’s Tampa office successfully argued that since B&M Clean LLC secured an agreement with the insured purporting to assign “all rights and benefits” to the insured’s claims, a subsequent agreement between the insured and Nicon Construction, Inc. for the same rights and benefits, was invalid. The Honorable Rex Barbas agreed that once an insured has assigned the benefits under his insurance contract, he no longer has any rights to assign so any subsequent assignment is invalid. Therefore, Nicon Construction, LLC will be removed from the lawsuit. Homeowners Choice filed a Proposal for Settlement against Nicon Construction, which expired prior to the ruling on the motion for partial summary judgment.
AOB Vendor Versus AOB Vendor
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