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Florida’s Fifth District Court of Appeal (DCA) has certified the following question pertaining to Assignments of Benefits (AOB) to the Florida Supreme Court as a matter of great public importance: Does article X, section 4(c) of the Florida Constitution allow the owner of homestead real property, joined by the spouse, if married, to assign post-loss […]
Just before the new year, the Florida Supreme Court released its opinion in Progressive Select Insurance Company v. Florida Hospital Medical Center resolving a split among Florida’s appellate courts about the proper application of the deductible in Personal Injury Protection (PIP) claims. The underlying question related to whether the PIP deductible should be applied before […]
Florida’s 4th District Court of Appeal in Restoration 1 of Port St. Lucie v. Ark Royal Insurance Company determined that an insurer may require approval of all insureds and the mortgagee before an assignment of benefits is valid. This ruling differs from a conclusion reached by the 5th DCA last year after the Office of […]
The 5th District Court of Appeal dealt another setback to insurers dealing with the “assignment of benefits” issue that continues to lead to rising insurance rates and restricted capacity in some areas of the state. The latest in a string of adverse judicial decisions came last week in Restoration 1 CFL, LLC v. ASI Preferred […]
The Fourth District Court of Appeal recently issued three opinions that compound the concerns of insurers dealing with increased claims costs due to assignments of benefits. This latest setback follows an earlier decision of the Fifth DCA rejecting an insurer’s argument that post-loss assignments should be prohibited based on a contractor’s not having an insurable […]
The Fifth District Court of Appeal upheld an assignment of benefits against a claim that the assignee lacked an insurable interest. In Accident Cleaners, Inc. v. Universal Insurance Company of North America, the Fifth District reviewed a trial court’s dismissal of Accident Cleaners’ complaint against the insurer. Accident Cleaners took an assignment of rights under […]
On July 5, 2013, the Fifth District Court of Appeal issued its opinion in Angelotta v. Security National Insurance Company. The case involved an insured who was operating a leased modified golf cart on a public road when he sideswiped a car and ran into a lawfully parked golf cart operated by the injured party. […]
