Premier Mitigation Services, Inc., Etc. v. Citizens Property Insurance Corporation
CourtDistrict Court of Appeal of Florida
Date FiledAugust 27, 2026
Docket3D2024-2297
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 27, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D24-2297
Lower Tribunal No. 22-29133-CC-25
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Premier Mitigation Services, Inc., etc.,
Appellant,
vs.
Citizens Property Insurance Corporation,
Appellee.
An Appeal from the County Court for Miami-Dade County, Gloria
Gonzalez-Meyer, Judge.
Giasi Law, P.A., and Melissa A. Giasi (Tampa), for appellant.
Luks, Santaniello, Petrillo, Cohen & Peterfriend, and Edgardo
Ferreyra, for appellee.
Before SCALES, C.J., and GORDO and BOKOR, JJ.
PER CURIAM.
Affirmed. See § 627.7152(2)(c), Fla. Stat. (“(c) If an assignor acts
under an urgent or emergency circumstance to protect property from
damage and executes an assignment agreement to protect, repair, restore,
or replace property or to mitigate against further damage to the property, an
assignee may not receive an assignment of post-loss benefits under a
residential property insurance policy in excess of the greater of $3,000 or 1
percent of the Coverage A limit under such policy. For purposes of this
paragraph, the term ‘urgent or emergency circumstance’ means a situation
in which a loss to property, if not addressed immediately, will result in
additional damage until measures are completed to prevent such damage.”);
§ 627.7152(2)(d), Fla. Stat. (“An assignment agreement that does not
comply with this subsection is invalid and unenforceable.”); Total Care
Restoration, LLC v. Citizens Prop. Ins. Corp., 357 So. 3d 1260, 1266 (Fla.
3d DCA 2023) (“The trial court properly dismissed Total Care's complaint
with prejudice as its breach of contract action was premised upon a
statutorily invalid and unenforceable assignment of benefits agreement.”);
Spartan Services Corp. v. Citizens Prop. Ins. Corp., 428 So. 3d 218, 220
(Fla. 3d DCA 2026) (“Indeed, a violation of section 627.7152(2) will subject
an assignee's claim against an insurer to dismissal for lack of standing.”).
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