At the request from a reader, Part Three of my blog series on Assignments of Benefits (“AOBs”) will look at Pennsylvania and whether AOBs are valid and enforceable there. Continue Reading Assignment of Benefits, Part 3: Pennsylvania
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 Maryland. Continue Reading Assignment of Benefits, Part 2: Maryland
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 Assignment of Benefits, Part 1: New Jersey
Florida Assignment of Benefits Reform Statute Does Not Retroactively Apply: Part 2
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
Assignment of Benefits – Blog Series, Part 15: Kansas
In this installation of my series on Assignment of Benefits (AOBs), we’ll be looking at AOBs in Kansas and how the courts have dealt with them. Continue Reading Assignment of Benefits – Blog Series, Part 15: Kansas
Assignment of Benefits – Blog Series, Part 14: Iowa
Following up on another reader’s request, in this blog post we’ll be looking at Assignment of Benefits (AOB) and how courts handle them in Iowa. Continue Reading Assignment of Benefits – Blog Series, Part 14: Iowa
Louisiana 2023 Legislative Scorecard, Part One – What passed?
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?
Who Has a Right to Sue the Insurance Company? A Recent Case Suggests Standing Requires a Policyholder or the Holder of a Valid Assignment
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
Assignment of Benefits in Florida Will Soon Be Dead and Are Now Critically Examined
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
First Party Claims Conference West One Day Conference Next Wednesday in Marina Del Rey
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