Insured Lacks Standing to Sue After AOB

Apr 30, 2017

APRIL 2017

Here’s your update on Florida insurance-related legal developments from the Colodny Fass Insurance Litigation Practice.

Florida Insurance Matters is a monthly update on Florida insurance-related legal developments by the Colodny Fass Insurance Litigation Practice, recently recognized as the Insurance Litigation Department of the Year in South Florida by the Daily Business Review.

About the Author

Amy L. Koltnow, a Colodny Fass Shareholder, focuses her practice on representing insurance companies in complex insurance litigation and counseling insurers on claims resolution. She has represented insurers in connection with property damage and first-party coverage litigation, claims of “bad faith,” high-risk exposures, class actions and multi-district litigation.

For more information about Ms. Koltnow, click here.

Insured Lacks Standing to Sue After AOB

The Third DCA has affirmed a final summary judgment in favor of the insurer based on the insured’s lack of standing after assigning “any and all insurance rights” to a water remediation company. The insurer argued the assignment was a full, unqualified assignment. The insured claimed she revoked the assignment prior to filing suit and replaced it with a modified partial assignment. The trial court held the insured lacked standing. The appeal court upheld the final judgment without rendering an opinion.

Charles v. Citizens Prop. Ins. Co. (3d DCA, April 26, 2017)

Read the AOB language carefully – it may be a full assignment of all rights precluding the insured from filing suit.


Matt Scarfone Prevails in Rain Exclusion Case

Colodny Fass Senior Associate Matt Scarfone was successful both before the trial court and on appeal in enforcing a policy provision requiring a covered peril first cause an opening in the roof through which rain enters before coverage is afforded under the policy.

The homeowners argued the insurance policy was ambiguous, but the trial court disagreed. On appeal, the Fourth DCA enforced the policy’s “rain” provision and affirmed summary judgment for the insurer. Although the appellate court’s opinion was a per curiam affirmance, this case demonstrates the provision is not ambiguous.

For more information, contact Matt Scarfone at or (954) 492-4010.

Amy Koltnow Obtains Favorable Judgment in Insurer Prejudice Claim

Amy Koltnow obtained a favorable summary judgment on the issue of the insureds’ late reporting of a claim (15 months after the loss and repairs had been completed) prejudicing the insurer in its investigation.

The insureds filed opposing affidavits from their public adjuster and engineer claiming the cause and extent of the damage could be determined.

The court held the affidavits were insufficient to rebut the presumption of prejudice since the focus is not on whether the cause of the loss could be determined, but whether the insurer was prejudiced in its investigation in that better or more accurate information would have been available had the insureds timely reported the loss.

For more information, contact Amy Koltnow at or (954) 492-4010.

For over 40 years, Colodny Fass has represented insurers in complex and high-risk litigation including class actions, bad faith, insurance fraud, multi-jurisdictional cases, coverage matters, and fact-intensive, multi-party lawsuits. The Daily Business Review has recognized Colodny Fass as having the Insurance Litigation Department of the Year in South Florida.

About Amy L. Koltnow

Amy L. Koltnow, a Colodny Fass Shareholder, focuses her practice on insurance disputes from trial through appeals. She has represented insurance companies in federal and state courts, as well as in mediation and administrative forums. Ms. Koltnow oversees complex litigation matters and has successfully defended numerous class actions and insurance bad faith cases. She is a member of the Claims and Litigation Management Alliance, a national, invitation-only organization committed to furthering high standards of litigation and claims management in pursuit of client defense.

To view Ms. Koltnow’s complete professional biography, click here.

Contact Amy at or (954) 492-4010.