July 31, 2023
ShareTriple Win for the First-Party Property Defense Team of Huxtable and Schiffman
Kelley Kronenberg’s First-Party Property Insurance Defense Division continues to shine as the powerhouse team of Jake D. Huxtable, Esq. (Partner & Business Unit Leader), and Zachary A. Schiffman, Esq. (Associate) secured three significant case wins, solidifying their position as leaders in the field.
In their first win, Jake Huxtable and Zachary Schiffman successfully obtained a voluntary dismissal of an action brought by a third-party entity for alleged mitigation services pursuant to an alleged Assignment of Benefits (“AOB”) contract. However, the Carrier never received an AOB contract from the third-party entity, notice of intent to initiate litigation, or demand for payment. An AOB contract is a condition precedent for a third party to maintain an action. See Progressive Express Ins. Co. v. McGrath Cmty. Chiropractic, 913 So. 2d 1281, 1285 (Fla. 2005) (“Thus the assignment of . . . benefits is not merely a condition precedent to maintain[ing] an action on a claim by the person or entity who filed the lawsuit. Rather, it is the basis of the claimant’s standing to invoke the process of the court in the first place.”). Mr. Huxtable and Mr. Schiffman aggressively pursued the matter on behalf of the client and were preparing for a jury trial. The Parties were set to attend a hearing on Defendant’s Motion for Summary Disposition; however, rather than attend the hearing, the third-party entity dismissed the case.
On the heels of this success, Huxtable and Schiffman went on to successfully obtain a voluntary dismissal of an action brought by a third-party entity for alleged mitigation services pursuant to an alleged Assignment of Benefits (“AOB”) contract. However, the Carrier never received an AOB contract from the third-party entity and the claim had been withdrawn by the named insured. An AOB contract is a condition precedent for a third party to maintain an action. See Progressive Express Ins. Co. v. McGrath Cmty. Chiropractic, 913 So. 2d 1281, 1285 (Fla. 2005) (“Thus the assignment of . . . benefits is not merely a condition precedent to maintain[ing] an action on a claim by the person or entity who filed the lawsuit. Rather, it is the basis of the claimant’s standing to invoke the process of the court in the first place.”). Mr. Huxtable and Mr. Schiffman aggressively pursued the matter on behalf of the client and were preparing for a jury trial. The Parties were set to attend a hearing on Defendant’s Motion for Summary Disposition; however, rather than attend the hearing, the third-party entity dismissed the case.
Showing they are unstoppable, the team of Huxtable and Schiffman continued their winning streak by successfully obtaining a voluntary dismissal of an action brought by a third-party entity for alleged mitigation services pursuant to an alleged Assignment of Benefits (“AOB”) contract. However, the Carrier never received an AOB contract from the third-party entity or notice of intent to initiate litigation. An AOB contract is a condition precedent for a third party to maintain an action. See Progressive Express Ins. Co. v. McGrath Cmty. Chiropractic, 913 So. 2d 1281, 1285 (Fla. 2005) (“Thus the assignment of . . . benefits is not merely a condition precedent to maintain[ing] an action on a claim by the person or entity who filed the lawsuit. Rather, it is the basis of the claimant’s standing to invoke the process of the court in the first place.”). Mr. Huxtable and Mr. Schiffman aggressively pursued the matter on behalf of the client and were preparing for a jury trial. The Parties were set to attend a hearing on Defendant’s Motion for Summary Disposition; however, rather than attend the hearing, the third-party entity dismissed the case.
If you are facing a first-party property insurance dispute and need a skilled legal team to advocate for your rights, look no further than Kelley Kronenberg’s First-Party Property Insurance Defense Team of Jake D. Huxtable and Zachary A. Schiffman. With a track record of success, including these three recent wins, our team has the knowledge, experience, and dedication to help you achieve a favorable outcome.