UNION RESTORATION, INC., ETC.
v.
CITIZENS PROPERTY INSURANCE CORPORATION
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An insurance company is entitled to summary judgment where the contractor claiming assignment rights materially altered the assignment document by changing the loss date, claim number, and adding initials.
[1] Material alterations to an assignment document, including changes to loss date, claim number, and addition of unauthorized initials, prevent the assignee from establishin…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the written assignment upon which Union Restoration relied did not assign the insured's right to the claim at issue. Indeed, Union Restoration altered the written assignment by changing the date of the claimed loss, changing the number of the claim several times, and adding the insured's initials to the alterations.”
Court describing facts showing the assignment was invalid
Union Restoration sued Citizens Property Insurance for insurance benefits it claimed were assigned by the insured. The written assignment upon which U…
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Opinion filed September 29, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D20-1435 Lower Tribunal No. 19-3430 ________________ Union Restoration, Inc., a/a/o Aimee Valdes,
Appellant,
vs.
Citizens Property Insurance Corporation,
Appellee. An Appeal from the Circuit Court for Miami-Dade County, Spencer Eig, Judge. Michele K. Feinzig, P.A., and Michele K. Feinzig (Coral Springs), for appellant. Paul R. Pearcy, P.A., and Maureen G. Pearcy, for appellee. Before LOGUE, LINDSEY and LOBREE, JJ. LOGUE, J.
Union Restoration, Inc. appeals the grant of final summary judgment for Citizens Property Insurance Corporation. Union Restoration sued for insurance benefits that it claimed were assigned to it by the insured. The record reflects that the written assignment upon which Union Restoration relied did not assign the insured’s right to the claim at issue. Indeed, Union Restoration altered the written assignment by changing the date of the claimed loss, changing the number of the claim several times, and adding the insured’s initials to the alterations. In these circumstances, we have no difficultly in upholding the summary judgment for Citizens. Gonzalez v. Citizens Prop. Ins. Corp., 273 So. 3d 1031 (Fla. 3d DCA 2019); Progressive Express Ins. Co. v. McGrath Cmty. Chiropractic, 913 So. 2d 1281 (Fla. 2d DCA 2005).
Affirmed.
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Citator
Authorities Cited
- Progressive Express Ins. Co. v. McGRATH Community Chiropractic, 913 So. 2d 1281 (Fla. 2d DCA 2005)
- Yosvani Gonzalez and Yenisleidy Perez v. Citizens Prop. Ins. Corp., 273 So. 3d 1031 (Fla. 3d DCA 2019)