News & Analysis as of

Assignment of Benefits (AOB) Policy Terms

Marshall Dennehey

Without Deciding Whether the 4th District Court Reached the Correct Result Under Fla. Stat. §627.7252(2)(a)4’s Actual Text, the...

Marshall Dennehey on

Apex Roofing & Restoration LLC a/a/o Monica Williams v. United Auto. Ins. Co., Fla. 1st DCA, No. 1D2022-3990, October 2, 2024 - Prior to suit, USAA’s insured assigned her rights to Apex via an Assignment of Benefits (AOB)...more

Chartwell Law

Engineering Report is Not a “Cost to Repair or Replace” Under Insurance Policy

Chartwell Law on

Florida Senate Bill 2A revised Fla. Stat §627.7152 to state that “a policyholder may not assign…any post-loss insurance benefit under any residential property insurance policy…issued on or after January 1, 2023.” Fla. Stat....more

Butler Weihmuller Katz Craig LLP

What to Expect When You Are Adjusting: A Primer for Hurricane Ian Property Claims

​​​​​​​The last week of September, 2022, the State of Florida braced for what was categorized to be one of the worst storms to make landfall in U.S. history. Initially, all weather channels displayed the storm’s trajectory...more

Rumberger | Kirk

Impact of Florida’s New Assignment of Benefits Law: HB 7065

Rumberger | Kirk on

On April 26, 2019, Florida Governor Ron DeSantis signed into law Florida House Bill 7065. The law, which took effect on July 1, 2019, was designed to reduce the amount of assignment of benefits (“AOB”) agreements that could...more

Robinson+Cole Property Insurance Coverage...

New Statutory Framework Confronts Florida’s AOB Crisis

A new law represents a major step forward to remedy Florida’s assignment of benefits (“AOB”) crisis, which Florida Governor Ron DeSantis has described as a “racket” in recent years....more

Cozen O'Connor

Florida Supreme Court Invited to Resolve Assignment-Of-Benefits Controversy

Cozen O'Connor on

At least two Florida appellate courts have directly contradicted each other on an increasingly-important question facing Floridians and the insurance industry. The question is as follows: “Are insurance provisions valid which...more

Carlton Fields

Florida Court Enforces Condition On Post-Loss Assignment Of Benefits, Creating Conflict Between District Courts Of Appeal

Carlton Fields on

As we have reported, an assignment of benefits (AOB) is a legal tool that allows a third party, like a contractor, to be paid for services performed, like repairs following an insured loss, for an insured property owner who...more

Jaburg Wilk

Arizona Court of Appeals Holds Insureds May Assign a Post-Loss Breach of Contract Claim to Contractors

Jaburg Wilk on

The Holding - In Farmers Ins. Exchange v. The Honorable David Udall, 2018 WL 2931906 (June 12, 2018), the Arizona Court of Appeals accepted special action jurisdiction to hold that Insureds validly assigned post-loss...more

Esquire Deposition Solutions, LLC

AOB lawsuits compound agony of Florida hurricanes

The storms of 2017 not only affected lives and property, they occasioned a flurry of litigation in Florida that has revived perennial calls for reform. During hurricane Irma, strong winds blew trees onto roofs, and heavy...more

Butler Weihmuller Katz Craig LLP

Federal Judge finds post loss assignment of benefits proper under Pennsylvania law

In a recent opinion, Judge Schmehl of the Eastern District of Pennsylvania denied a forced placed insurer’s Motion to Dismiss a suit brought by the assignee of a homeowner for water damage to the home. In Williams v....more

Carlton Fields

Navigating Florida Property Coverage Waters After Hurricane Irma

Carlton Fields on

As the waters recede from Hurricane Irma, there are many issues for property insurers to consider as they adjust claims in Florida, including unique issues raised by assignment of benefits, Florida law on concurrent...more

Carlton Fields

Adjusting Claims in Florida Following Hurricane Irma

Carlton Fields on

As the waters recede from Hurricane Irma, property insurers have many issues to consider as they adjust claims in Florida. This alert discusses a few of those issues. Claims Reporting - The Florida Office of Insurance...more

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