Kelley Kronenberg Attorney Samuel Jacobs and Scott Dornstein of the firm’s First Party Property Division recently achieved a significant victory for our client, State Farm, in a case that underscores the importance of understanding Florida’s statutes governing the assignment of benefits (AOB) in property damage claims.  

Samuel and Scott successfully navigated a complex case involving a plaintiff who sued State Farm as an assignee of benefits. The dispute centered around invoices totaling $9,434.31 for roof tarping and water damage mitigation.   

Our legal team swiftly identified that the plaintiff’s claim exceeded the $3,000.00 statutory limit for emergency services under an AOB, as stipulated in Florida Statutes section 627.7152. Armed with this knowledge, they filed a Motion to Dismiss, arguing that the plaintiff’s work fell within the statute’s definition of emergency services.  

Faced with a total estimated exposure of nearly $15,000.00, our attorneys employed strategic negotiation tactics. They filed a Proposal for Settlement for $3,000.00, inclusive of all attorney’s fees and costs. This proactive approach, combined with our strong legal position, led to the claim’s resolution for a fraction of the exposure just days before the scheduled hearing. 

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