Webb Roofing & Construction, LLC as Assignee of Linda Mossa and Andrew Mossa v. Metropolitan Casualty Insurance Company

By: Jennifer N. Myers

2020 WL 7396997 (M.D. Fla. Dec. 17, 2020)

In this Middle District of Florida case, the Court considered the insurer’s Motion to Dismiss, alleging the Complaint did not allege compliance with Florida Statute 627.7152, specifically 627.7152 (2) and (9) (regarding Assignment Agreements and requirements that must be met in order for an Assignment of Benefits agreement to be enforceable by an assignee for post-loss benefits). The Court’s review of the statute sections at issue found “no indication the Florida legislature wanted Plaintiffs to plead compliance with pre-suit requirements.” An assignee is not required to specifically plead compliance with these sections in order to withstand a motion to dismiss. Federal Rule of Civil Procedure 8(a)(2) only requires “a short and plain statement of the claim showing that the pleader is entitled to relief.” By setting forth a dispute over whether the policy covers the instant damage, the plaintiff’s complaint satisfied the standard. Moreover, any error in failing to meet any pleading requirement addressed through a motion to dismiss would only result in the opportunity to amend the Complaint and not a final dismissal of the Complaint.