Over the past eight years, Florida has seen an explosion of small claims and county court litigation dealing with out of network windshield repair shops filing lawsuits against insurance companies as purported assignees of insureds. These lawsuits allege breach of contract by the insurance company and seek policy benefits for windshield repairs and replacements under the insureds’ policies with their insurance companies. This article provides insight into how these lawsuits are generated, the legal issues involved and defense strategies that can be used to successfully defend these lawsuits.
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