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

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Three of the five Florida District Courts of Appeal have weighed in on the validity of AOB conditions requiring the written consent of all insureds and named property mortgagees. The Second.

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.

43 Fla. L. Weekly D2056a Insurance – Homeowners – Assignment – Clause in insurance contract requiring signatures of all insureds and mortgagees for an assignment of benefits was enforceable – Conflict certified RESTORATION 1 OF PORT ST. LUCIE, a/a/o JOHN and LIZA SQUITIERI, Appellant, v.

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.

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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).

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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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"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.

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