The Florida District Court of Appeal recently affirmed a ruling in a contract dispute involving UCMS LLC, which operates as Universal Contracting of Florida, and ASI Assurance Corp. This decision, filed on March 12, 2021, is significant for businesses and individuals navigating insurance claims and contractor agreements in Florida.
The case stems from a dispute over insurance claims related to property damage. UCMS LLC, acting on behalf of Melinda Robbins, John Andolino, and others, sought to recover costs from ASI Assurance Corp. and Progressive Property Insurance Co. The ruling impacts how contractors and insurance companies handle claims, particularly in the context of assignments of benefits.
Background
UCMS LLC is a foreign limited liability company that provides contracting services in Florida. The company filed several appeals against different insurance companies, including ASI Assurance Corp. and Progressive Property Insurance Co., regarding claims for damages incurred by their clients. The disputes arose after UCMS LLC attempted to recover payments for repairs made on behalf of homeowners.
The case was brought to the District Court of Appeal after the Circuit Court for Collier County, presided over by Judge Elizabeth V. Krier, ruled against UCMS LLC. The company argued that the insurance companies wrongfully denied their claims, which led to the appeal. The court's decision is based on previous case law, specifically referencing a ruling in Restoration 1 of Port St. Lucie v. Ark Royal Ins. Co., which set important precedents for similar disputes.
The Ruling
The court ruled to affirm the lower court's decision, stating, "Affirmed. See Restoration 1 of Port St. Lucie v. Ark Royal Ins. Co., 255 So. 3d 344 (Fla. 4th DCA 2018)." This ruling indicates that the appellate court found no error in the lower court's handling of the case. Judges Casanueva, LaRose, and Labrit concurred with the decision, reinforcing the precedent established in the cited case.
The affirmation means that UCMS LLC's claims against ASI Assurance Corp. and Progressive Property Insurance Co. were not successful. The court's reliance on previous rulings highlights the importance of established case law in guiding decisions in similar disputes.
Impact
This ruling has significant implications for contractors and insurance companies in Florida. By affirming the lower court's decision, the appellate court reinforced the standards for how insurance claims are processed when contractors act on behalf of homeowners. It emphasizes the need for clear agreements and understanding between contractors and insurance providers regarding claims.
Moreover, the decision may deter contractors from pursuing claims without a solid legal foundation, as the court's reliance on established precedent suggests that similar future claims may face challenges. This ruling could also influence how insurance companies handle claims from contractors, potentially leading to stricter scrutiny of assignment of benefits agreements.
What's Next
Details were not available in the court filing regarding whether UCMS LLC plans to appeal this decision further. However, the case underscores the ongoing legal challenges in the realm of insurance claims and contractor agreements in Florida.











