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Bill > H0359


FL H0359

FL H0359
Assignment of Property Insurance Benefits


summary

Introduced
01/18/2019
In Committee
01/30/2019
Crossed Over
Passed
Dead
05/03/2019

Introduced Session

2019 Regular Session

Bill Summary

Defines term "assignment agreement"; specifies assignee requirements; requires assignee to meet certain conditions before filing suit; provides acceptance of assignment agreement constitutes waiver of certain claims.

AI Summary

This bill creates a new section of Florida Statutes (Section 627.7152) that defines and regulates the assignment of property insurance benefits after a loss. The key provisions are: 1. Defines the term "assignment agreement" as any instrument that assigns, transfers, or conveys post-loss property insurance benefits. 2. Requires assignees (the parties receiving the assigned benefits) to comply with certain conditions, such as maintaining records, cooperating with the insurer's investigation, and providing cost statements. Failure to comply creates a presumption that the insurer was prejudiced. 3. Requires assignees to submit to examinations under oath and participate in appraisal or other dispute resolution methods as a condition precedent to filing a lawsuit against the insurer. 4. Specifies that compliance with the requirements does not constitute the unlicensed practice of public adjusting. 5. Provides that acceptance of an assignment agreement constitutes a waiver by the assignee of any claims against the named insureds, except for the deductible and any betterment ordered by the insureds. 6. Applies to assignment agreements executed after July 1, 2019.

Committee Categories

Justice

Sponsors (1)

Last Action

Died in Civil Justice Subcommittee, companion bill(s) passed, see CS/CS/HB 7065 (Ch. 2019-57) (on 05/03/2019)

bill text


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