Massey Construction Group, Inc. a/a/o Joseph Jaffe v. Edison Insurance Company
District Court of Appeal, Second District
336 So. 3d 443 (Fla. 2d DCA 2022)
This matter came before the Second District Court of Appeals following an Order dismissing with prejudice the Plaintiff’s Complaint given the lack of standing under the assignment of benefits contract. The Second District held that on the face of the AOB, Massey lacks standing until a coverage determination has been made. See Progressive Express Ins. Co. v. McGrath Cmty. Chiropractic, 913 So. 2d 1281, 1285 (Fla. 2d DCA 2005). The Second DCA affirmed the trial court’s order the dismissal without prejudice pending the coverage determination.