James Suarez, Partner with Derrevere Stevens Black & Cozad, successfully argued a motion to dismiss for an Assignment of Benefits failing to comply with various provisions of Section 627.7152, Florida Statutes including failing to contain an itemized per unit cost estimate of the services to be performed in violation of subsection (2)(a)(4), permitting the assignor to seek statutorily impermissible costs in violation of subsection (7), and failing to contain a valid indemnity clause in violation of subsection (2)(a)(7). Additionally, James effectively asserted that Plaintiff may not allege a claim in equity to circumvent the requirements of Section 627.7152 and that Plaintiff’s Declaratory Judgment and Quantum Meruit claims do not state causes of action. In addition to the dismissal, the Court further reserved jurisdiction to determine our entitlement to attorney’s fees and costs.
