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

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policy of title or other insurance up to the maximum amount paid by Tenant to Landlord under this Section 5.1, and Landlord, upon request by Tenant, shall assign Landlord’s rights under such policies to Tenant; provided that such assignment does not adversely affect Landlord’s rights under any such policy and provided further, that Tenant.

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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.

Security First Insurance Co. took the case to the 5th District Court of Appeal after the Florida Office of Insurance Regulation rejected a company proposal to add such AOB restrictions to policies.

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"The provision that requires all insureds, including mortgagees, to approve the assignment does exist in other insurance company policies," said attorney Michael Packer, who heads up the Florida.

In 2017, Florida’s Fifth District held that clauses prohibiting the assignment of benefits post-lost without the consent of all insureds and the mortgagee are invalid on the grounds of public policy. (Security First Insurance Co. v. Florida Office or Insurance Regulation, 232 So. 3d 1157 (Fla. 5th DCA 2017).).

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A state appeals court has upheld insurance policy language barring policyholders from signing assignment of benefits agreements without the approval of co-insureds, including financial.

The Florida Fourth District Court of Appeals on September 5, 2018 upheld and validated insurance policy language that requires the signatures of all insureds and mortgagees on an assignment of benefits (AOB).