When properly documented and planned, the sale of a damaged property does not create an opening for the insurance company to escape liability from its insurance obligations. When selling your property during a pending insurance claim, policyholders can assign the claim to a new buyer or retain their right to receive insurance benefits under the policy.
Continue Reading Who Collects the Insurance Claim Proceeds If the Damaged Property Is Sold?
I recently received an inquiry from a public adjuster about the validity of anti-assignment provisions in insurance policies in Michigan. As it appears Michigan was not covered in a previous Blog Series about assignment of benefits; this post follows.
Continue Reading Assignment of Benefits: Michigan
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
Like the Oklahoma Sooners took care of the Florida Gators in the Cotton Bowl (55-20), the Oklahoma Supreme Court issued a commanding opinion on December 15, 2020, confirming assignments of claims are valid and enforceable in Oklahoma. In fact, the Oklahoma Supreme Court almost seemed surprised it was even a question when it reversed the trial court’s erroneous grant of summary judgment in favor of the insurance company against a construction company.
Continue Reading Oklahoma Confirms Assignment of Claims Are Valid
Assignment of Benefit (“AOB”) agreements have been a highly controversial issue in Florida over the past year, with much of that controversy stemming from what is now commonly known as the Florida AOB Reform Act.
Continue Reading Florida AOB Reform Statute Does Not Retroactively Apply
Insurance policies commonly include language specifically forbidding an insured from assigning their rights and interests under the policy without the consent of the insurance company.
Continue Reading Colorado Allows Post-Loss Assignment of Claim Regardless of Insurance Policy Anti-Assignment Clause
Just over a year ago Florida Governor Ron DeSantis signed House Bill 7065, which became Fla. Stat. §627.7152—better known as Florida’s Assignment of Benefits statute.
Continue Reading Does Florida’s AOB Statute Apply to My Assignment Agreement?
In the aftermath of a devastating storm, when lives are upended and memories are scattered about, light and hope do arrive. They arrive in many forms, including: through first responders who clear the way and answer the call from every state in our great nation and beyond; through family and friends who make a way to care for their own; through those who have made it their life’s work and business to aid in disaster recovery efforts; and through the many volunteers who freely give of their energy and resources to aid their fellow beings in their most challenging times. But, sadly, among them also are wolves in sheep’s clothing.
Continue Reading Disaster Relief: Is a Post-Loss Anti-Assignment Clause Prohibited in Louisiana?
On February 14, 2020, the Iowa Supreme Court dismissed the case of 33 Carpenters Construction, Inc., (“33 Carpenters”) against State Farm Life and Casualty Company (“State Farm”).1 33 Carpenters approached the insureds after a hailstorm to see if they would allow them to inspect their roof. 33 Carpenters found hail damage and entered into a series of contracts to help the homeowners complete the repairs, including an assignment of benefits (“AOB”).
Continue Reading No Love for the Contractor’s Assignment of Benefits in Iowa
The Supreme Court of Iowa in three opinions1 this week affirmed various rulings which held that 33 Carpenters’ contractual assignment was unenforceable, as it was operating as an unlicensed public adjuster. I wrote about the lower appellate court decision in, Contractor Acted as an Unlicensed Public Adjuster, Notwithstanding Assignment of Claim and Benefits.
Continue Reading Court Affirms Contractor Acted as Unlicensed Public Adjuster