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
In this post in our series on Assignment of Benefits (AOBs), we are looking at Rhode Island and how AOBs are managed and handled there.… Continue Reading
Friends, Here is the first bill regarding Assignment of Benefits for the 2018 Florida Legislative Session – Senate Bill 62. Keep in mind, this is only a filed bill in the Senate. There have been no votes or meetings on this bill.… 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
Assignment of Benefits (“AOBs”) has been an issue in the property insurance realm for several years. In fact, the Florida Legislature made a hard push to address the issue during the 2017 Session but was unable to do so. The two main AOB bills that gained traction last Session dealt with the issue in slightly … Continue Reading
The requests from our readers keep coming and in this week’s installment of my blog series on Assignment of Benefits (“AOB”) we are taking a look at California and how AOBs are handled there.… Continue Reading
The requests from our readers keep coming and in and this week we are taking a look at Assignment of Benefits (“AOBs”) in North Carolina.… Continue Reading
More and more requests are coming in from our readers, and this in this post we are looking at Assignments of Benefits (“AOBs”) in New York.… Continue Reading
I received a request from one of our readers who asked that I review Assignment of Benefits (“AOBs”) in Hawaii and discuss their applicability and validity.… Continue Reading
At the request of another one of our readers, this week we are going to take a look at Assignment of Benefits (“AOBs”) in Georgia and how they are handled there.… Continue Reading
The requests from our readers keep coming and in this week’s installment of my blog series on Assignments of Benefits (“AOBs”) we will be discussing the applicability and validity of AOBs in Colorado.… 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 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
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
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
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
Last week Florida Peninsula announced to its policyholders that all renewal policies on or after July 1, 2016, will include new language regarding water losses: Out-of-pocket insurance expenses incurred by you will be limited to $3,000 or 1% of Coverage A, whichever is greater for the first 72 hours on all water mitigation services. No … Continue Reading
Since the 2016 Florida Legislative Session began in January, this blog has been following two topics very closely: Appraisal/Umpires and Assignment of Benefits. Although the door has not completely closed on possible Assignment of Benefits, it appears that there will be no action taken on the Appraisal/Umpire bills.… Continue Reading
Assignment of benefits is one of the highly debated topics facing policyholders and insurance companies in first-party property disputes. You can find many entries discussing assignment of benefits on our blog.… Continue Reading
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
Readers of this blog know my position on the ability of Tallahassee to “fix” what they perceive as a “problem” with regard to property insurance. Once Tallahassee gets involved in an issue, it usually gets resolved in a way that hurts policyholders. SB 596 is a perfect example of this phenomenon. Regardless of how you … Continue Reading
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
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
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
