![]() No attorney-client relationship is created simply by sending communication to our firm. The success of this case, reflective of the strenuous advocacy of our First-Party Property Defense team, now paves way for future defenses of similar cases in Seminole County, Florida.ĭisclaimer of Attorney-Client Relationship and Liability: Lerner and dismissed Plaintiff’s Complaint, holding an invoice is not an estimate for purposes of compliance with the requirement set forth in Florida Statutes § 627.7152–that an Assignment of Benefits contain an itemized, per-unit cost estimate of services to be rendered. ![]() Lerner asserted invalidity as the invoice and AOB were dated the same day and an invoice is a demand for payment for services performed, not an estimate of the cost of prospective services (“an invoice and an estimate are not the same thing”).Īfter hearing argument, Judge Buie concurred with Ms. Relying on the First DCA decision in Glantz, Ms. In the Response to Defendant’s Motion to Dismiss, Plaintiff alluded to the fact that this did not occur, arguing provision of the estimate was a condition precedent to a contract being formed and, once the estimate was attached, a contract was formed. Coral Lerner focused on the requirement that the estimate be provided at the time the AOB was executed, pursuant to Kivovitz. Plaintiff asserted entitlement to recoupment of the costs for preparing the report based on an Assignment of Benefits (“AOB”) and attached an invoice to the Complaint as support.ĭefendant argued the invoice attached to the AOB did not constitute an estimate for purposes of compliance with the AOB statute. In this case, repeat-Plaintiff, The Kidwell Group, filed a Breach of Contract suit after Defendant denied payment for an engineering report prepared for the policyholder. The Honorable Judge Carsandra Buie presided. Kelley Kronenberg Attorney, Coral Lerner, assisted by Partner, Scott Dornstein, prevailed on a Motion to Dismiss in a Breach of Contract action stemming from a First-Party Property homeowners’ insurance claim dispute which centered on the validi ty of an Assignment of Benefits. (c) The cumulative effect of nonmaterial breaches may be material.ApShare Kelley Kronenberg Secures Dismissal in Seminole County Breach of Contract Case ![]() (B) The breach substantially deprived or is likely substantially to deprive the aggrieved party of a significant benefit it reasonably expected under the contract. (A) The breach caused or is likely to cause substantial harm to the aggrieved party or (3) The circumstances, including the language of the agreement, the reasonable expectations of the parties, the standards and practices of the business, trade, or industry, and the character of the breach, indicate that: (2) The breach is a substantial failure to perform a term that is an essential element of the agreement or Whether a breach of a contractual use term is an infringement or a misappropriation is determined by applicable informational property rights law. ![]() A breach, whether or not material, entitles the aggrieved party to its remedies. A breach occurs if a party without legal excuse fails to perform an obligation in a timely manner, repudiates a contract, or exceeds a contractual use term, or otherwise is not in compliance with an obligation placed on it by this title or the agreement. (a) Whether a party is in breach of contract is determined by the agreement or, in the absence of agreement, this title.
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