Requiring Approval of All Insureds and Mortgagees To Assign Policy Upheld by Florida Court First they lose their jobs, then their health insurance, then their homes. author of "Raise the Floor, Wages and Policies that Work for All of US." To what extent those gaps will shrink under Obama.

Last month, the Florida Court of Appeals for the Fourth District weakened assignment-of-benefits claims after it held that an insurer may require all insureds and mortgagees to provide written consent prior to executing an assignment of benefits agreement.

to Limit Post-Loss Assignment Provisions that Require Written Consent of All Insureds, All Additional Insureds, and All Mortgagees Named in the Policy. In 2003, the Florida Legislature created the OIR. The OIR is charged with overseeing the language insurers use in Florida’s insurance policies:

"The provision that requires all insureds, including mortgagees, to approve the assignment does exist in other insurance company policies," said attorney Michael Packer, who heads up the Florida insurance coverage and bad faith practice group for the law firm marshall dennehey warner coleman & Goggin in Fort Lauderdale, Fla.

On September 5, 2018, the Fourth DCA in Restoration 1 of Port St. Lucie a/a/o John and Liza Squitieri v. Ark Royal Insurance Company (4D17-1113) upheld insurance policy language barring policyholders from signing assignment of benefits agreements without the approval of co-insureds, including financial institutions holding mortgages on the.

The Florida Court of Appeal upheld an assignment of benefits provision that required signatures of all insureds and mortgagees. Restoration 1 of Port St. Lucie v. Ark Royal Ins. Co., 2018 Fla. App. LEXIS 12633 (Fla. Ct. App. Sept. 5, 2018). Ark Royal issued a homeowner’s policy to the insureds.

A Florida appeals court has sided with the state’s insurance regulator in rejecting policy language filed by a Florida homeowners insurer to restrict the. that require mortgage company approval.

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The Florida Court of Appeal upheld an assignment of benefits provision that required signatures of all insureds and mortgagees. Restoration 1 of Port St. Lucie v. Ark Royal Ins. Co., 2018 Fla. App. LEXIS 12633 (Fla. Ct. App. Sept. 5, 2018). Ark Royal issued a homeowner’s policy to the insureds.

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