INDOOR ENVIRONMENTAL RESTORATION NOW, INC., ETC.
v.
CITIZENS PROPERTY INSURANCE CORPORATION
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An assignment agreement must contain a provision requiring the assignee to indemnify and hold harmless the assignor from all liabilities, damages, losses, and costs, and an agreement that does not comply with this requirement is invalid and unenforceable.
[1] An assignment agreement relating to an insurance policy must contain a provision requiring the assignee to indemnify and hold harmless the assignor from all liabilities,…
[2] An indemnification clause must clearly and unambiguously express an intent to shift attorney fees between parties, and mere silence or ambiguous language is insufficient…
Previewing 2 of 2 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“An assignment agreement that does not comply with this subsection is invalid and unenforceable.”
Florida Statute § 627.7152(2)(d) regarding assignment agreement requirements
Indoor Environmental Restoration Now, Inc. appealed a county court decision regarding an assignment agreement with Citizens Property Insurance Corpora…
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Opinion filed February 28, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D22-2116 Lower Tribunal No. 21-41565 SP
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Indoor Environmental Restoration Now, Inc., etc.,
Appellant,
vs.
Citizens Property Insurance Corporation, Appellee.
An Appeal from the County Court for Miami-Dade County, Chiaka Ihekwaba, Judge. Tyler Law Firm, and Ryan C. Tyler, for appellant. Methe & Rothell, P.A., and Kristi Bergemann Rothell (West Palm Beach), for appellee. Before MILLER, GORDO and BOKOR, JJ. PER CURIAM. Affirmed. See § 627.7152(2)(a)7., Fla. Stat. (2021) (providing that an assignment agreement must “[c]ontain a provision requiring the assignee to indemnify and hold harmless the assignor from all liabilities, damages, losses, and costs, including, but not limited to, attorney fees, should the policy subject to the assignment agreement prohibit, in whole or in part, the assignment of benefits”); id. (2)(d) (“An assignment agreement that does not comply with this subsection is invalid and unenforceable.”); Fallstaff Grp., Inc. v. MPA Brickell Key, LLC, 143 So. 3d 1139, 1143 (Fla. 3d DCA 2014) (reversing award of attorneys’ fees to assignee in indemnification action where “the indemnification provision at issue does not by its terms provide for [the assignee’s] recovery of fees and costs incurred in seeking indemnification”); MVW Mgmt., LLC v. Regalia Beach Devs. LLC, 230 So. 3d 108, 113 (Fla. 3d DCA 2017) (“[A] party to a contract cannot use an indemnity clause to shift attorney fees between the parties unless the language of the clause shows an intent to clearly and unambiguously shift the fees.” (quoting NevadaCare, Inc. v. Dep’t of Human Servs., 783 N.W. 2d 459, 471 (Iowa 2010))).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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MVW Mgmt., LLC v. Regalia Beach Developers LLC, 230 So. 3d 108 (Fla. 3d DCA 2017)…clearly and unambiguously shows an intent to extend indemnity to first-party claims is in accord with the' holdings in a majority of the jurisdictions that have considered similar 'issues. ’ See generally, NevadaCare, Inc. v. Dep’t of Human Servs., 783 N.W. 2d 459, 471 (Iowa 2010) (noting that a clause that uses' “the terms ‘indemnify’ and ‘hold harmless’ indicates an intent by the parties to protect a party from claims made by third parties rather than those brought by a party to the contract” and “a party t…
Authorities Cited
- The Fallstaff Grp., Inc. v. MPA Brickell KEY, LLC, 143 So. 3d 1139 (Fla. 3d DCA 2014)