Tag Archives: Assignment of Benefits

Assignment of Contingent Benefits in California

In Assignment of Unaccrued or Contingent Benefits, I discussed the distinction between assignments of Contingent Benefits and assignments of Noncontingent Benefits under a property insurance policy. For purposes of this blog, a Contingent Benefit is a benefit or payment that is either not yet fixed in amount or the carrier is not yet obligated to … Continue Reading

Assignment of Unaccrued or Contingent Benefits

It is widely accepted that insurance policies are generally not assignable by the policyholder unless the insurance company consents to the assignment. In most states, it is also well-established that after a covered loss has occurred, the policyholder ordinarily may assign the claim to another person or entity, even if the policy contains a clause … Continue Reading

Assignment of Benefits, Part 2: Maryland

I launched a new blog series last week that will provide our readers with the law in each state concerning Assignments of Benefits (“AOBs”) and their validity and applicability. In response to my first post, I received a request from a reader as to Maryland, so in this post we’re going to look at AOBs in … Continue Reading

Assignment of Benefits, Part 1: New Jersey

I am often asked whether an Assignment of Benefits (“AOB”) is valid in [insert state here] under a property insurance policy. The purpose of this blog series will be to provide readers with an answer to the question on a state-by-state basis. As New Jersey is my home-state, it’s up first.… Continue Reading

Court Upholds Post-Loss Assignment of Claims

Larry Bache and I have many cases in Nebraska where we represent a contractor with assignments of insurance claims from homeowners. These assignments were made after a hail loss. The policyholder assigned his rights to the insurance claim to the roofing contractor working on his property. Most insurance policies contain what is called an anti-assignment … Continue Reading

Assignment of Benefits and the 2017 Florida Legislative Session

The 2017 Florida Legislative Session does not start until March 7th but committee weeks have begun in both Chambers. As a member of the Florida House of Representatives, I have been assigned to the following committees: Civil Justice & Claims Subcommittee Commerce Committee Energy & Utilities Subcommittee Government Operations & Technology Appropriations Subcommittee Insurance & … Continue Reading

Update on Assignment of Benefits Legislation

In October of last year I wrote a blog on the Florida Legislature’s efforts to alter the laws regarding Assignment of Benefits.Since that time, there have been some changes to the bills (House Bill 1097 and Senate Bill 596) as originally drafted. In particular, Senate Bill 596 underwent some significant changes just this week. The … Continue Reading

Florida’s First District Court of Appeal and Assignment of Benefits

Assignments of Benefits (AOBs) have been the subject of several recent court opinions. I discussed some of those decisions in my recent blog post, Assignment of Benefits. I did not, however, specifically discuss a recent opinion by Florida’s First District Court of Appeals: Security First Insurance Company v. Florida Office of Insurance Regulation.1 In this case, Security First … Continue Reading

Assignment of Benefits

If you are a regular reader of this blog, then you know that the Florida Legislature passed no meaningful laws regarding assignment of benefits (AOBs) during this past Session. Although AOBs were a hot topic in Tallahassee, insurers could not agree on how to deal with this issue.… Continue Reading
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