Congratulations to Olympus Insurance Company on a summary judgment ruling in its favor in Lake County. In The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Colleen Farmer v. Olympus Insurance Company, Plaintiff alleged standing based upon an assignment of benefits executed by the insured after the insured initially executed an assignment benefits to another mitigation company. Billie Bellamy of Groelle & Salmon’s Maitland office successfully argued that since United Reconstruction Group, Inc. secured an agreement with the insured purporting to assign “any and all insurance rights, benefits and proceeds under any applicable insurance policies to United Reconstruction Group, Inc.” with regard to the insured’s claim, a subsequent agreement between the insured and Air Quality Assessors of Florida for any rights and benefits was invalid.
While the Honorable Terry T. Neal acknowledged that an insured is able to confer a limited assignment of rights, she found that the United Reconstruction Group, Inc. assignment constituted a full assignment, thereby leaving the insured with no rights to assign to Air Quality Assessors of Florida. Therefore, the subsequent assignment was invalid.