Bill

Bill > H7065


FL H7065

FL H7065
Insurance Assignment Agreements


summary

Introduced
03/12/2019
In Committee
04/18/2019
Crossed Over
04/18/2019
Passed
04/24/2019
Dead
Signed/Enacted/Adopted
05/23/2019

Introduced Session

2019 Regular Session

Bill Summary

Providing requirements and limitations for property insurance assignment agreements; providing a burden of proof; providing that an assignment agreement does not affect managed repair arrangements under a property insurance policy; providing that an acceptance by an assignee of an assignment agreement is a waiver by the assignee and its subcontractors of certain claims against an insured; specifying an insured's payment obligations under an assignment agreement; requiring notice of intent to initiate litigation, etc.

AI Summary

This bill creates requirements and limitations for property insurance assignment agreements in Florida. The key provisions include: 1. Defining terms such as "assignee," "assignment agreement," and "disputed amount." 2. Specifying mandatory contents and prohibited provisions in assignment agreements. 3. Limiting the amount of post-loss benefits that can be assigned under an emergency or urgent circumstance. 4. Establishing the burden of proof for assignees and requirements they must meet, such as maintaining records and cooperating with the insurer. 5. Prohibiting assignees from seeking payment from the assignor exceeding the policy deductible, unless the assignor chooses additional work. 6. Requiring the assignee to provide written notice and detailed invoice before filing suit, and allowing the insurer to respond with a settlement offer or request for alternative dispute resolution. 7. Addressing attorney fees and costs based on the difference between the judgment obtained and the insurer's presuit settlement offer. 8. Exempting certain types of assignments from the bill's requirements. 9. Requiring insurers to report data on claims paid under assignment agreements. The bill also creates a new section prohibiting insurers from restricting assignment of post-loss benefits unless they make available a fully assignable policy at the same time and at a higher cost.

Committee Categories

Business and Industry, Justice

Sponsors (11)

Other Sponsors (3)

Civil Justice Subcommittee (House), Insurance and Banking Subcommittee (House), Judiciary Committee (House)

Last Action

Chapter No. 2019-57 (on 05/23/2019)

bill text


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