When your home is damaged or you suffer a serious injury, insurance should be there to help you recover. Unfortunately, many Florida policyholders face delays, denials, or paperwork requirements that can interfere with a legitimate claim. A recent Florida appellate decision shows how insurers rely on technicalities to avoid paying out benefits, even when professional services have already been performed.
In The Kidwell Group, LLC v. United Property & Casualty Insurance Company, Florida’s Third District Court of Appeal reversed the dismissal of a lawsuit based on an assignment of benefits, also known as an AOB. The case involved engineering services provided to homeowners after property damage, which were assigned to a third party so the provider could pursue payment directly from the insurer. The court found that the insurer improperly relied on a statutory technicality to avoid payment, even though the work had been completed and documented.
What Is an Assignment of Benefits and Why Does It Matter in Injury and Property Claims
An assignment of benefits allows a medical provider, contractor, or other professional to bill your insurance company directly after performing services. This is common in both personal injury and property damage claims. For example, if you receive care from a trauma specialist after a car accident or hire a restoration company after a storm, you may be asked to sign an AOB form. This allows the provider to seek reimbursement without forcing you to advance funds.
Florida law does allow assignments of benefits, but insurers often push back by claiming the documents were incomplete, unclear, or did not meet certain formatting rules. In the Kidwell case, the insurer refused to pay because the AOB lacked what it considered a sufficient line-item estimate. The court disagreed, ruling that the attached invoice provided enough detail to meet legal standards.
This ruling matters because it reinforces your right to seek timely help without jumping through endless administrative hoops. If the law allowed insurers to deny claims every time a form was imperfect, many Florida families would face delays they cannot afford.
How This Affects Personal Injury Victims and Their Medical Bills
Injury victims often rely on AOBs after a crash, fall, or other accident. When you are hurt, you should be able to get the treatment you need without waiting for an insurance check. Florida providers often use AOBs to get reimbursed directly by health or auto insurers. That process is designed to protect patients from financial hardship while helping providers secure timely payment.
However, if an insurer later refuses to honor that agreement, it can create serious financial stress. You may face collection notices, pressure from doctors, or disruption in care. The Kidwell ruling helps reinforce the idea that insurers cannot use technical excuses to avoid paying valid claims. If your AOB was reasonably clear and the work was performed, the company should not be able to sidestep its responsibility.
Fighting Back When Insurers Stall or Deny Your Claim
Whether you are recovering from property loss or a personal injury, Florida law protects your right to fair treatment by your insurance provider. If you have submitted a valid AOB or other documentation and your claim was still denied, you may have the right to file a lawsuit. That action may lead to compensation for the original claim, additional damages, and attorney’s fees.
An experienced attorney can review your insurance policy, the AOB or billing records, and any correspondence from the insurer. In many cases, the denial is not based on the law but on internal strategies designed to delay payment. You do not have to accept that outcome. A lawyer can step in, take over communication with the insurer, and file a claim on your behalf if necessary.
Call Friedman Rodman Frank & Estrada If Your Insurance Claim Was Denied
If you are dealing with a delayed or denied insurance claim after an accident, the attorneys at Friedman Rodman Frank & Estrada are ready to help. Whether your case involves an assignment of benefits, a personal injury bills, or damage to your home, we understand the tactics insurers use and how to fight back. Call Friedman Rodman Frank & Estrada at 877-448-8585 to schedule your free consultation. We have helped Florida families recover millions in compensation and are prepared to help you hold insurers accountable for the coverage you paid for.