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post-loss assignment

Fourth DCA Cases Deliver Setback on Assignment of Benefits Issue

Fourth DCA Cases Deliver Setback on Assignment of Benefits Issue

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 […]

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Fifth District Upholds Assignment of Benefits

Fifth District Upholds Assignment of Benefits

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 […]

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