Assignment of Benefits
I turned in an assignment of benefits and didn’t turn in the back side of the form that I had the customer sign (for a mold assessment, not remediation) so I am not doing work at the customer’s home, just testing for mold and doing a full assessment of the property, and wrote protocol; however, I never turned in the 2nd side of the form stating:
“YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER YOUR INSURANCE POLICY TO A THIRD PARTY, WHICH MAY RESULT IN LITIGATION AGAINST YOUR INSURER. PLEASE READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING IT. YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT WITHOUT PENALTY WITHIN 14 DAYS AFTER THE DATE THIS AGREEMENT IS EXECUTED, AT LEAST 30 DAYS AFTER THE DATE WORK ON THE PROPERTY IS SCHEDULED TO COMMENCE IF THE ASSIGNEE HAS NOT SUBSTANTIALLY PERFORMED, OR AT LEAST 30 DAYS AFTER THE EXECUTION OF THE AGREEMENT IF THE AGREEMENT DOES NOT CONTAIN A COMMENCEMENT DATE AND THE ASSIGNEE HAS NOT BEGUN SUBSTANTIAL WORK ON THE PROPERTY. HOWEVER, YOU ARE OBLIGATED FOR PAYMENT OF ANY CONTRACTED WORK PERFORMED BEFORE THE AGREEMENT IS RESCINDED. THIS AGREEMENT DOES NOT CHANGE YOUR OBLIGATION TO PERFORM THE DUTIES REQUIRED UNDER YOUR PROPERTY INSURANCE POLICY.”
however, they sent me an email yesterday stating
Attached is our letter advising the AOB is not valid under current Florida Statute.
In an effort to resolve this matter completely, the carrier like to offer your company $3,386.00 as full and final settlement of the disputed damages. This amount represents the 1% Cov A limitation ($3,386.00) applicable under the current statute. If all parties agree to this settlement please sign and email back to my attention at xxxxx@XXXXX.com . Upon receipt, I will issue payment to your office at:
and they also sent me a letter stating that they assignment agreement submitted is not in compliance with HB 7065 because it was not submitted with an itemized estimate with per unit cost estimate.
I have to respond to them promptly, but I did not submit an itemized estimate with per unit cost because I sent them an invoice with per unit cost (for testing, and then for the assessment/protocol), so I believe I am in compliance there, but it does not say estimate, it says invoice on what I sent them.
Can you help guide me through how to handle this? I’d like to get paid for my part of the testing and protocol writing.
I also would be performing another test at the end of remediation (I am not a remediator) which is PRV testing (post remediation verification testing) with a clearance letter.
Patti Neri, MRSA
US Building Inspectors
and they sent attachment documents for me to sign.
Is there a way for me to:
a) send them the back side of the AOB?
b) I didn’t submit