assignment of benefits News

Fla. Courts Upholding Appraisal Clauses that Bar Assignment of Benefit Cases

A Florida appeals court has upheld the dismissal of no fewer than 16 auto glass assignment-of-benefits lawsuits against Progressive Insurance companies, perhaps putting an exclamation point on the enforceability of appraisal clauses and policy language that bars claims litigation. The …

N.H. Supreme Sides with Pro Se Collision Shop Owner in Assigned Benefit Claim

Collision repair shop owner Steve Piispanen didn’t hire an attorney because he considers them to be “not educated” when it comes to insurance law. He represented himself when he appealed a local judge’s decision to dismiss a $1,093.37 claim against …

Nevada Supreme Holds Proceeds of Legal Malpractice Suit Cannot be Assigned

The Nevada Supreme Court expanded its prohibition against assigning legal malpractice claims to third parties, ruling on Thursday that an attorney’s client is also barred from assigning the proceeds of a lawsuit. “Because such an assignment would allow parties to …

Neb. Supreme Court: Contractors with Assigned Benefits Can’t File Bad-Faith Claims

A restoration contractor that had been assigned benefits by a policyholder cannot pursue a bad faith claim against an insurer because it was not a party to the insurance contract, the Nebraska Supreme Court ruled Friday in two separate cases. …

Fla. Contractors File Suit Challenging Assignment of Benefits Law

A group of contractors wasted little time in challenging the constitutionality of a law approved at the Florida Legislature’s special session last week, one the restoration companies argue singles them out and deprives them of attorney fees in assignment-of-benefits claims. …

S.C. Supreme Ct. Reverses, Finds Insurers Owe Coverage for Pollution

The carriers that insured a Charleston fertilizer plant more than 30 years ago are liable for contamination at the site even though the former property owner who bought the policies did not ask their permission to transfer its right to …

Insurers Applaud Charges Against Fla. Contractors in ‘Free Roof’ Scheme

The recent arrest of two men associated with a large Florida roofing company, on charges of offering “free roofs” and rebates to cover homeowners’ insurance deductibles, has met with strong reactions around the state. The insurance industry has complained loudly …

Insurers Win 1 Bad Faith Case, Lose Another Before Fla. Appellate Courts

Remember George Costanza’s trick in “Seinfeld,” the 1990s TV sitcom? When he couldn’t (or didn’t want to) pay his rent or other expense he would conveniently “forget” to sign the check, buying himself a little more time. In a South …

Fla. Appellate Courts Uphold AOB Rulings Favoring Property Insurers

Three more appeals in assignment-of-benefits cases have resulted in rulings that favored Florida property insurers. Florida’s 3rd and 4th District Courts of Appeal handed down opinions Wednesday that upheld lower courts and found that three carriers do not owe payment …

Fla. and Okla. Courts Uphold Right to Assign Benefits

Appellate courts in Florida and Oklahoma this week upheld the right of policyholders to assign their right to collect benefits from an insurance claim to contractors, reversing trial court rulings in favor of insurers. The Oklahoma Supreme Court on Wednesday …