PREMIER MITIGATION SERVICES, INC., ETC.
v.
CITIZENS PROPERTY INSURANCE CORPORATION
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An assignment agreement that violates the statutory cap on post-loss benefits under § 627.7152(2)(c) is invalid and unenforceable, and an assignee lacks standing to bring a breach of contract claim based on such an agreement.
[1] An assignment of post-loss benefits under a residential property insurance policy that exceeds the greater of $3,000 or 1 percent of the Coverage A limit is invalid and u…
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Join FLexlaw to unlock all legal intelligence“An assignment agreement that does not comply with this subsection is invalid and unenforceable.”
§ 627.7152(2)(d), Fla. Stat.
Premier Mitigation Services, Inc. entered into an assignment agreement with Citizens Property Insurance Corporation to receive post-loss benefits for …
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Third District Court of Appeal
State of Florida
Opinion filed August 27, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D24-2297
Lower Tribunal No. 22-29133-CC-25 Premier Mitigation Services, Inc., etc.,
Appellant,
vs.
Citizens Property Insurance Corporation, Appellee.
An Appeal from the County Court for Miami-Dade County, Gloria Gonzalez-Meyer, Judge.
Giasi Law, P.A., and Melissa A. Giasi (Tampa), for appellant. Luks, Santaniello, Petrillo, Cohen & Peterfriend, and Edgardo Ferreyra, for appellee.
Before SCALES, C.J., and GORDO and BOKOR, JJ. PER CURIAM.
Affirmed. See § 627.7152(2)(c), Fla. Stat. (“(c) If an assignor acts under an urgent or emergency circumstance to protect property from damage and executes an assignment agreement to protect, repair, restore, or replace property or to mitigate against further damage to the property, an assignee may not receive an assignment of post-loss benefits under a residential property insurance policy in excess of the greater of $3,000 or 1 percent of the Coverage A limit under such policy. For purposes of this paragraph, the term 'urgent or emergency circumstance' means a situation in which a loss to property, if not addressed immediately, will result in additional damage until measures are completed to prevent such damage."); § 627.7152(2)(d), Fla. Stat. (“An assignment agreement that does not comply with this subsection is invalid and unenforceable."); Total Care Restoration, LLC v. Citizens Prop. Ins. Corp., 357 So. 3d 1260, 1266 (Fla. 3d DCA 2023) (“The trial court properly dismissed Total Care's complaint with prejudice as its breach of contract action was premised upon a statutorily invalid and unenforceable assignment of benefits agreement."); Spartan Services Corp. v. Citizens Prop. Ins. Corp., 428 So. 3d 218, 220 (Fla. 3d DCA 2026) (“Indeed, a violation of section 627.7152(2) will subject an assignee's claim against an insurer to dismissal for lack of standing.”).
2
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Citator
Authorities Cited
- Total Care Restoration, LLC v. Citizens Prop. Ins. Corp., 357 So. 3d 1260 (Fla. 3d DCA 2023)