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

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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 Court of Appeal upheld an assignment of benefits provision that required signatures of all insureds and mortgagees. Restoration 1 of Port St. Lucie v. Ark Royal Ins. Co., 2018 fla. app. lexis 12633 (Fla. Ct. App. Sept. 5, 2018). Ark Royal issued a homeowner’s policy to the insureds.

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The trial court granted Ark Royal’s motion to dismiss on the grounds that the assignment failed to comply with the policy’s “unambiguous” condition that claims assignments be executed by all insureds and mortgagees. The Florida appellate court agreed, holding that the language of the assignment of benefits provision was enforceable. The court found that Florida common law or public policy does not prohibit.

a declaratory judgment determining that a clause requiring the signatures of all insureds and mortgagees for an assignment contravened Florida public policy. Ark Royal moved to dismiss, arguingthe assignment was invalid pursuant to Ark Royal’s insurance policy agreement with the insureds. Restoration 1 filed a

 · Last month, the Florida Court of Appeals for the Fourth District weakened assignment-of-benefits claims after it held that an insurer may require all insureds and mortgagees to provide written consent prior to executing an assignment of benefits agreement..

Even before the triple-header of bad news — Lehman Brother’s bankruptcy, Merrill Lynch’s sale to Bank of America and the probable restructuring of insurance giant aig. of messages during.