News & Updates

assignment of benefits

Happy New Year!

Happy New Year!

Radey wishes all of our friends a happy and prosperous new year.  As 2019 begins, Florida’s capital city will be embarking on a new era.  Governor-elect Ron DeSantis will take office next week, succeeding Rick Scott who was Governor for eight years.  Chief Financial Officer Jimmy Patronis returns, having been elected to the Cabinet office to […]

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Court Upholds Conditions on Assignments

Court Upholds Conditions on Assignments

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 […]

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Second DCA Upholds Multiple Assignments

Second DCA Upholds Multiple Assignments

Florida’s Second District Court of Appeal has upheld the ability of a policyholder to make multiple assignments under a homeowners insurance policy.  Nicon Construction v. Homeowners Choice Property and Casualty Insurance Company involved a policyholder’s issuing assignments of benefits to two separate vendors.  The insurer argued that upon the policyholder’s assigning the policy rights to […]

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Session Heads Into Final Week

Session Heads Into Final Week

The 2018 Florida legislative session is drawing to a close, barring any extensions or subsequent special sessions.  This year’s session has been unusual for issues outside of the typical annual cycles of budgets and other expected business.  The 2018 session began with a lot of attention directed to the range of relationships between legislators, staff […]

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AOB Restrictions Again Rejected in Fifth District

AOB Restrictions Again Rejected in Fifth District

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 […]

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