We make no warranties, representations or claims of any kind concerning the information on this website, including without limitation the accuracy, completeness and suitability of this information for any purposes. The information presented on this website is offered only as general information. You should not send to us any information you consider privileged, confidential or sensitive unless we and you have executed our engagement agreement. Your submission of such information will not prohibit us from using that information in our representation of another person or entity adverse to you in the same or substantially related matter. Unless we have agreed to represent you in writing, any information you submit to us will not be treated as privileged, confidential or sensitive. An attorney-client relationship is created only by communicating directly with a specific lawyer in the firm and that lawyer expressly agreeing that the firm can and will represent you and an engagement agreement is signed by both the client and the firm. Kelley Kronenberg cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. No attorney-client relationship is created simply by sending communication to our firm. The success of this case, reflective of the strenuous advocacy of our First-Party Property Defense team, now paves way for future defenses of similar cases in Seminole County, Florida.ĭisclaimer of Attorney-Client Relationship and Liability: Lerner and dismissed Plaintiff’s Complaint, holding an invoice is not an estimate for purposes of compliance with the requirement set forth in Florida Statutes § 627.7152–that an Assignment of Benefits contain an itemized, per-unit cost estimate of services to be rendered. Lerner asserted invalidity as the invoice and AOB were dated the same day and an invoice is a demand for payment for services performed, not an estimate of the cost of prospective services (“an invoice and an estimate are not the same thing”).Īfter hearing argument, Judge Buie concurred with Ms. Relying on the First DCA decision in Glantz, Ms. In the Response to Defendant’s Motion to Dismiss, Plaintiff alluded to the fact that this did not occur, arguing provision of the estimate was a condition precedent to a contract being formed and, once the estimate was attached, a contract was formed. Coral Lerner focused on the requirement that the estimate be provided at the time the AOB was executed, pursuant to Kivovitz. Plaintiff asserted entitlement to recoupment of the costs for preparing the report based on an Assignment of Benefits (“AOB”) and attached an invoice to the Complaint as support.ĭefendant argued the invoice attached to the AOB did not constitute an estimate for purposes of compliance with the AOB statute. In this case, repeat-Plaintiff, The Kidwell Group, filed a Breach of Contract suit after Defendant denied payment for an engineering report prepared for the policyholder. The Honorable Judge Carsandra Buie presided. Kelley Kronenberg Attorney, Coral Lerner, assisted by Partner, Scott Dornstein, prevailed on a Motion to Dismiss in a Breach of Contract action stemming from a First-Party Property homeowners’ insurance claim dispute which centered on the validi ty of an Assignment of Benefits. ApShare Kelley Kronenberg Secures Dismissal in Seminole County Breach of Contract Case
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |