Restoration Contactor Sued Insurance Carrier for Breach of Contract

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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

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