In Holding Ins. Cos. Acc., LLC v. Am. Integrity Ins. Co. of Fla., 50 Fla. L. Weekly D111 (Fla. 5th DCA January 3, 2025), the 5th DCA held that (1) an assignment of post-loss insurance benefits is governed by Section 627.7152, Florida Statutes, if it involves transferring benefits from a person providing services to repair, restore, or replace property, even if the assignee does not personally perform those services;  and (2) that an assignment that falls under Section 627.7152 but does not comply with its provisions is invalid and unenforceable, and the assignee lacks standing to sue the insurer for breach of contract.

In this case, the insured’s house suffered roof damage which was reported to American Integrity. The insured signed a “Direction of Payment” instructing American Integrity to pay Noland’s Roofing, the contractor the insured selected to repair the damage. The insured also signed an “Assignment of Benefits Contract” with Holding Insurance Companies Accountable, LLC (“HICA”), which purported to help homeowners enforce their insurance rights. The assignment stated that any payments from American Integrity would be made in accordance with the insured’s “Direction of Payment” to Noland’s Roofing. HICA, as the insured’s assignee, sued American Integrity for breach of contract, alleging failure to pay the full value of the insured’s claim.

HICA alleged that the assignment from the insured was not an “Assignment Agreement” under section 627.7152, rendering that statute inapplicable. American Integrity disagreed, raising lack of standing as an affirmative defense, and maintaining that the assignment was “invalid and/or void.” American Integrity moved for summary judgment on this basis. HICA opposed summary judgment by arguing that the assignment was beyond the scope of section 627.7152, and therefore did not have to follow that statute to be valid. The trial court granted American Integrity’s motion for summary judgment.