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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.
Here, the contract did not prohibit assignment, but only imposed a permissible condition upon assignment – requiring the approval of all insureds and the mortgagee. The Restoration 1 court distinguished longstanding precedent of the florida supreme court (dating to 1918) in West Florida Grocery Co. v. Teutonia Fire Ins. Co.
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In a decision that lawyers say could have a significant impact on long-standing insurance practices in Florida, a state appeals court Wednesday ruled that homeowners’ insurance policies may.
Florida Supreme Court will take up AOB insurance fight. The court’s decision to hear the case could resolve a conflict in lower courts about a restriction that insurers have tried to place on.
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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).
In 2017, Florida’s Fifth District held that clauses prohibiting the assignment of benefits post-lost without the consent of all insureds and the mortgagee are invalid on the grounds of public policy. (Security First Insurance Co. v. Florida Office or Insurance Regulation, 232 So. 3d 1157 (Fla. 5th DCA 2017).).
A Florida state appeals court’s decision last month in Restoration 1 v. Ark Royal weakens assignment-of-benefit claims, holding that an insurer may require all insureds and mortgagees to provide.