Assignment of Benefits

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 clause, which forbids the policyholder from assigning rights and duties in the policy to anyone else without the insurance carrier’s consent. In Nebraska the insurance companies have steadily argued that our client’s claims are not valid because they were assigned without the insurance companies’ consent.
Continue Reading Court Upholds Post-Loss Assignment of Claims

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 & Banking Subcommittee


Continue Reading Assignment of Benefits and the 2017 Florida Legislative Session

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 further money will be paid for out-of-pocket expenses until 72 hours after the claim is reported to Florida Peninsula Insurance.
  • The above amount may only be exceeded with carrier approval. The limit can be exceeded if we fail to respond within 48 hours.


Continue Reading Florida Peninsula Policy Changes in Response to Assignment of Benefits

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 Florida Legislature Will Likely Not Take Action on Bills to Regulate the Appraisal Process