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

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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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That order upheld OIR’s disapproval of Security First’s request to amend its policy language in the same fashion as the instant case, "restrict[ing] the ability of policyholders to assign post-loss benefits absent the consent of all insureds, all additional insureds, and all mortgagees named in their policies."

In addition, despite the fact that participants routinely purport to assign their rights to health care coverage when seeking care from a provider, courts have almost uniformly upheld anti-assignment.

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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:

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 city appealed, but a state appeals court upheld the verdict last June. "We are very happy that the city has finally approved to compensate Mr. Duffy. gave him bad assignments and wouldn’t.

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