In my initial blog on the Assignment of Benefits (AOB) reform statute, I described the 20th Judicial Circuit Court’s decision finding that §627.7152 cannot retroactively change substantive rights.1 This holding found that the law in effect when the subject policy was entered into applied to the assignment of benefits contract at issue in subsequent litigation. While the holding in that case focused on both pre-suit requirements and attorney’s fees and costs as the substantive rights being considered, another Florida court has recently discussed a similar concept regarding the retroactive applicability of the statute. Continue Reading Florida Assignment of Benefits Reform Statute Does Not Retroactively Apply: Part 2

Louisiana recently completed its 2023 legislative session. As expected, the most recent session was very busy, especially in the area of property insurance legislation. Facing a dwindling and increasingly expensive insurance market and recent reforms in Florida, Louisiana was confronted with numerous bills attempting to address the perceived problems in its insurance market.

Continue Reading Louisiana 2023 Legislative Scorecard, Part One – What passed?

The Merlin Law Group is often approached by individuals wishing to make insurance claims on policies where they are not the named insured. These are typically shareholders or members of a corporate insured seeking to make claims for bad faith or emotional damages due to an insurer’s denial of benefits. A recent unpublished case from the United States Court of Appeals for the Ninth Circuit shed light on which parties have the right to make a claim or sue on a commercial insurance policy.

Continue Reading Who Has a Right to Sue the Insurance Company? A Recent Case Suggests Standing Requires a Policyholder or the Holder of a Valid Assignment

Recent Florida legislation makes the assignment of benefits for a property insurance policy illegal in Florida. Recent cases demonstrate that such assignment of benefit contracts will be critically examined by courts when insurance companies raise issues about their validity.

Continue Reading Assignment of Benefits in Florida Will Soon Be Dead and Are Now Critically Examined

Mike Duffy and yours truly will be speaking at the First Party Claims Conference next week. Our presentation will analyze recent trends in property claims and will focus on the following topics:

  • Proof of Loss and Amount of Claim Issues
  • Appraisal
  • Assignment of Benefits
  • Inflation and Coinsurance
  • Fire and Smoke Claims
  • Depreciation of Labor
  • Surplus Lines Policy Form Changes
Continue Reading First Party Claims Conference West One Day Conference Next Wednesday in Marina Del Rey