Restoration Contactor Sued Insurance Carrier for Breach of Contract

By Anonymous -
Nextgen Restoration, Inc., v. Citizens Property Insurance Corporation, Case Noo. 2D12-2990, filed November 15, 2013: Restoration Contractor sued insurance carrier for breach of contract based on owner's assignment of insurance policy of a claim for water remediation. Carrier filed motion to dismiss based on failure to attach policy to complaint, but also answered the compliant by asserting an affirmative defense that assignment was invalid because the policy prohibited assignment; trial court granted carrier's motion to dismiss "based on a standing issue," without leave to amend. The dismissal was REVERSED and REMANDED  because the basis for outside the motion to dismiss, and could not be resolved without a copy of the policy being part of the record.

(From Construction Regulation Subcommittee Monthly Report 11/2013)

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

Comments

  1. UnknownAugust 29, 2018 at 3:14 AM

    Hi

    Thanks for sharing your ideas,

    I would like to introduce about Reliable Premium Management Services (RPM Payments).
    We are the only Pay-As-You-Go facilitator in the nation that works seamlessly with your insurance carriers,your agent/broker and your insurance carrier. We’re here to make workers’ compensation easy, affordable and less of a burden on you.

    Reliable Premium Management

    Pay-As-you-Go-Insurance USA
    Insurance Audit Services in USA

    ReplyDelete

Post a Comment

Popular posts from this blog

The Dotted Line: When Contractors Can Walk Off the Job

By -
When general contractors or subcontractors sign on to construction projects, they usually start off believing everything will run smoothly. But, during the course of the work, issues sometimes arise that force all parties to go running back to their contracts in order to evaluate their options. One of those options for construction companies is to simply stop work, but contractors need to take care when making such a big decision. “Stopping work and ultimately terminating the contract is one of the most radical things you can do,” said Joseph McManus Jr., attorney and shareholder at law firm Carlton Fields.   Luckily, most of the circumstances under which contractors are clearly entitled to stop work are included in the most popular standard forms of contracts. Nonpayment The most common reason that contractors find it necessary to stop work, McManus said, is that they haven’t been paid for approved invoices. In that scenario, he said, contractors have the right to
Read more

"Mass-timber" Sees Greater Use in Roofing and Construction Projects in Europe

By -
Image
The use of "mass-timber," or prefabricated engineered wood components is becoming more common in construction and roofing applications in Europe. In projects such as the galleria roof of a central city building in Surrey, it helps meet demand for wood structures to add visual appeal. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com
Read more