In December of last year, my colleague Ashley Harris discussed Security First Insurance Co. v. Florida Office of Insurance Regulation,1 where the Florida Fifth District Court of Appeal (Fifth DCA) upheld the Office of Insurance Regulation (“OIR”) prohibition of proposed language in an insurance policy that would require “all insureds, all additional insureds and all … Continue Reading
The Arizona Court of Appeals in a recent opinion said, Yes to both. In Farmers Insurance Exchange v. Udall,1 four homeowners insured by Farmers Insurance Exchange (“Farmers”) sustained separate losses, which required water damage mitigation and restoration services. The homeowners hired a vendor to perform the mitigation and restoration services. In each case, the insureds … Continue Reading
Assignment of benefits is one of the hottest topics in Florida first party property insurance and it’s no secret that insurance carriers are not in favor of AOBs. Some insurance carriers, like Security First Insurance Company, tried to take matters into their own hands and add language into their homeowners, condominium unit owners and “dwelling … Continue Reading
I’m currently on a flight to Cincinnati and felt that it would be a perfect time for a new post in my series on Assignment of Benefits (“AOB”) tackling this issue in Ohio.… Continue Reading
Unauthorized practice of public adjusting issues are going to the Texas Supreme Court. Lon Smith Roofing is not giving up and filed a petition which should be read by those with interests in the property insurance claims industry. I have previously discussed this case in:… Continue Reading
Following another reader’s request, in this week’s post on our series on Assignments of Benefits (AOBs) we are looking at Connecticut and how AOBs are managed there.… Continue Reading
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
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
Well many folks in the insurance industry have been waiting some time for this moment… the decision of the validity of post-loss assignments of benefits in Florida. Several opinions were recently issued on the same day (May 20, 2015) by Florida’s Fourth District Court of Appeals related to assignments of benefits in property insurance claims.1 … Continue Reading
Dick Tutwiler posted an interesting perspective regarding assignment of property insurance claims in Florida Property Insurance Legislative Wrap 2015 – We made it through another year unscathed or did we? Here is his perspective:… Continue Reading
In California, regarding a transfer of an interest in a fire policy, the policy must have an assignment provision which states, to the effect: “Assignment of this policy shall not be valid except with the written consent of this company.” But is this rule absolute? California courts have said no.… Continue Reading
Borrowing a quote from Chip Merlin’s post, Dead Bodies–Are They a Covered Peril?: Some of the most unnerving claims an adjuster experiences are those concerning dead bodies, and we have had many recent questions regarding the deceased and what to do with them. Particularly, is there coverage under the homeowner’s policy for clean up for … Continue Reading
If you work in or around property insurance in Florida, you have undoubtedly been exposed to the recent debate regarding Assignment of Benefits (“AOB”). An AOB is a legal form that allows an insurance provider to bill your insurance carrier directly. AOBs allow home-repair contractors to bill insurance carriers requiring nothing out-of-pocket from the homeowners … Continue Reading
Whether a policyholder can assign their bad faith claim to someone else is an interesting question—that is, if you find insurance issues and assignments interesting like I do; if not, then reading about assignments in insurance can be a cure for insomnia. Anyway, in my last post on this topic, we discussed a Pennsylvania case … Continue Reading
Here is an interesting question; can a policyholder assign their bad faith claim to someone else? I will discuss several states’ laws on this issue in upcoming posts. Recently the Pennsylvania Supreme Court said yes they can.1… Continue Reading
Oftentimes policyholders that have suffered a loss turn to representatives that will be able to help them in emergency situations. These companies may take assignments of the insurance claim proceeds as payment for their services. Examples are water dry-out companies, emergency services contractors, and fire cleanup companies. Insurance carriers have been challenging these types of … Continue Reading
Many policyholders forget that their insurance policy is a contract and is subject, with exceptions, to the usual laws of contract. An issue that frequently arises is whether the named insured is able to assign insurance proceeds under the policy to another. The answer to that question is dependent on the type of coverage sought.… Continue Reading
In 1999, Brae Burn Construction Company (“Brae Burn”) was hired to build a nursing home for Concierge Care Nursing Centers (“Concierge”). Brae Burn subcontracted with four vendors, each individually and independently insured by their respective insurance carriers. In August 2000, Brae Burn issued a Certificate of Substantial Completion, indicating that the building was complete. After … Continue Reading
A colleague of mine recently dealt with an interesting issue regarding the assignment of an insurance claim. Specifically, she looked into how Texas law applies to the assignment of an insurance claim when the insurance policy contains a non-assignment clause. Most states follow the rule that if the policy prohibits assignment, the insured cannot assign … Continue Reading
