Requiring Approval of All Insureds and Mortgagees To Assign Policy Upheld by Florida Court

In December of last year, my colleague Ashley Harris discussed Security First Insurance Co. v. Florida Office of Insurance Regulation, 1 where the Florida Fifth District Court of Appeal (Fifth DCA) upheld the Office of Insurance Regulation ("OIR") prohibition of proposed language in an insurance policy that would require "all insureds, all additional insureds and all mortgagees" named.

However, if this issue reaches the Florida Supreme Court on appeal, and the court sided with insurers and ruled that an anti-assignment provision requiring the consent of all insureds and.

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.

Industry Awaits Florida Supreme Court Decision on Post-Loss aob policy language. insurers to require the consent of all insureds and mortgagees to assign. review for approval or disapproval – if the insurer certified that the policies.

The Florida Fourth District Court of Appeals on September 5, 2018 upheld and validated insurance policy language that requires the signatures of all insureds and mortgagees on an assignment of benefits (AOB).

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"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.

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Beckie Santos of IDS Honored with MPA Magazine’s 2018 Elite Women in Mortgage Award | Florida Newswire Requiring Approval of All Insureds and Mortgagees To Assign Policy Upheld by Florida Court Approximately six months later, the commissioner filed a rehabilitation plan, which was approved by the Circuit Court following. with their own insured.

Accordingly, some insurers have sought to add language to their policies which conditions any post-loss assignment on the consent of all insureds, additional insureds, and mortgagees. Late last year,

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.