News & Analysis as of

Assignment of Benefits (AOB) Insurance Litigation

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

Butler Weihmuller Katz Craig LLP

Analyzing AOBs: Are the Courts Splitting Hairs or Seeking Statutory Compliance?

So many things in life can be randomly assembled and made to function seamlessly: puzzle pieces for your five-year-old, online gaming teammates, and music mixed by a deejay, to name a few....more

Marshall Dennehey

Assignment of Benefits Contractor Precluded from Recovery Pursuant to Mortgagee Clause

Marshall Dennehey on

Key Points: The buyer of a home was not considered a mortgagee under a homeowners insurance policy when the proceeds from the sale were used to pay off the mortgage but there was no evidence that the buyer assumed any legal...more

Rivkin Radler LLP

Insurance Update - May 18 2022

Rivkin Radler LLP on

You’ll find some notable decisions in our May Insurance Update. Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...more

Chartwell Law

Did the 4th District Court of Appeal Make Any Real Change to an Insurer’s “Late Notice” Defense?

Chartwell Law on

A condition precedent to receiving coverage under almost any insurer’s homeowner’s policy is an obligation for the insured to provide reasonably “prompt” notice of any loss. However, most policies never define what...more

Robinson+Cole Property Insurance Coverage...

Assignments of Benefits Under Homeowners Insurance Policies: Iowa Supreme Court Rules that Assignment Was Void Because Contractor...

One practice that has plagued the insurance industry in recent years has been contractors soliciting homeowners to make insurance claims after a hailstorm, for example, and then obtaining an assignment of rights to the claim...more

Holland & Knight LLP

Florida Senate Passes AOB Legislation, Awaits Governor Signature

Holland & Knight LLP on

• The Florida Senate recently passed assignment of benefits (AOB) legislation that is expected to be signed by Gov. Ron DeSantis. The bill is intended to bring much needed reform to the abused and litigious practice of...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

Searcy Denney Scarola Barnhart & Shipley

Are You Being Scammed? — Assignment of Benefits in Property Losses

Assignment of Benefit Scams - According to the Coalition Against Insurance Fraud, about $80 billion is stolen every year by unscrupulous companies supposedly acting in the best interests of U.S consumers during critical...more

Butler Weihmuller Katz Craig LLP

Full Consent to Assignments

Because there can be more than one individual or entity that holds an interest in property, a property insurance policy is generally drafted in such a way to identify and protect all the individuals or entities who have an...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

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

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