Groelle & Salmon has successfully argued a Motion for Summary Judgment in Osceola County. In CSB Services Inc. a/a/o Charmaine McKenzie v. Sawgrass Mutual Insurance Company, Maria Morris of Groelle & Salmon’s Orlando office secured Summary Judgment of a breach of contract action based upon an assignment of benefits. Osceola County Court Judge Stefania Jancewicz issued the Order granting Defendant’s Motion for Summary Judgment. The Court found that it was undisputed that the insured who signed the assignment did not comply with her pre-suit obligation to sit for EUO and then notified Sawgrass of her withdrawal of her insurance claim. Therefore the insured was not “due” any payment under the insurance policy and had nothing to assign. Accordingly, the Court found that the assignment was invalid to convey standing. Of note, there was a proposal for settlement to Plaintiff filed in October 2013 that was not accepted.
Groelle & Salmon has successfully argued a Motion to Dismiss with Prejudice in Orange County Circuit Court. In Speed Dry, Inc. a/a/o Travis and Sandra Steen v. Sawgrass Mutual Insurance Company, Maria Morris of Groelle & Salmon’s Orlando office secured dismissal with prejudice of a breach of contract action based upon an assignment of benefits. Orange County Circuit Court Judge Margaret H. Schreiber issued the Order granting Defendant’s Motion to Dismiss Plaintiff’s Second Amended Complaint stating that Plaintiff could not present a prima fascia case for Breach of Contract. The Order states that the anti-assignment and Loss Settlement provisions of the insurance policy preclude the Plaintiff from having standing to sue for breach of the homeowner’s insurance policy and the assignment is a nullity because there was no written consent to the assignment provided by Sawgrass Mutual Insurance Company.