Requiring Approval of All Insureds and Mortgagees To Assign Policy Upheld by Florida Court

In assignment of benefits, homeowners in need of repairs sign over benefits. require approval of mortgage companies and all people insured in policies. to the 5th district court of Appeal after the Florida Office of insurance regulation rejected a company proposal to add such AOB restrictions to policies.

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A Florida appeals court has sided with the state's insurance. but a hearing officer upheld it concluding that the policy language was. requiring an insurer's consent for a post-loss assignment of benefits is. “The provision that requires all insureds, including mortgagees, to approve the assignment does.

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The Florida Court of Appeals upheld insurance policy language that. of all insureds and mortgagees on an assignment of benefits (AOB).. But the appellate court found no prohibition for an insurer requiring. It also is unclear whether Florida's Office of Insurance Regulation will approve similar policy.

While assignment of benefits is nothing new, it has become high-profile because of increased claims for water damage to homes.

Here, the contract did not prohibit assignment, but only imposed a permissible condition upon assignment – requiring the approval of all insureds and the mortgagee. The Restoration 1 court distinguished longstanding precedent of the Florida Supreme Court (dating to 1918) in West Florida Grocery Co. v. Teutonia Fire Ins. Co.

In a decision that lawyers say could have a significant impact on long-standing insurance practices in Florida, a state appeals court Wednesday ruled that homeowners’ insurance policies may.

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In Jevic, the Third Circuit upheld the bankruptcy court. require dismissal of a Chapter 11 case to be a hard reset.” Id. The parties sought and obtained approval of a settlement agreement to.

[2] Many courts have applied strict and literal interpretations to policy provisions requiring actual. insurer denies coverage all together. For example, in Conrad Brothers v. John Deere Insurance.

BP now wants the appeals court to permanently halt all. to assign penalties that could be handed down this year after an ongoing trial. “Remember, this is the same judge who is overseeing the Clean.