· The court found that an assignment restriction was not prohibited if it required the consent of all the insureds and all of the mortgagees named in the policy, stating that the insureds.

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."

Florida's highest court has a chance to quash what insurers call an epidemic of. can enforce a homeowners policy provision requiring all insureds and mortgage. The assignment of benefits gives contractors the ability to seek. practice, said if the Supreme Court upholds the lower courts' rulings, other.

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:

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Public policy concerns animate assignment-of-benefits (“AOB”) legal disputes. The Fourth Florida District Court of Appeal (“Fourth District”) upheld the. a condition, requiring the approval of all insureds and the mortgagee.

Id. at 1157. 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 3 their policies." Id. at.

Florida Supreme Court justices to take up ‘AOB’ insurance fight The court has agreed to take up a closely watched case stemming from water damage to a St. Lucie County home. By Jim Saunders.

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The 4th District Court of Appeal decision, however, conflicted with an earlier ruling by the 5th District Court of Appeal in a case that also focused on whether an insurer could require approval of mortgage companies and all people insured in policies before benefits could be assigned.