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WHAT IS AN ASSIGNMENT OF BENEFITS (AOB)? SENATE BILL 2A (2022) UPDATE: Any policy that was issued prior to January 1, 2023, provides a policyholder with the right to assign insurance benefits to a 3rd party as long as you have not chosen to give up that right in order to receive a premium discount.
The AOB must contain a written, itemized, per-unit cost estimate of the services to be performed by the third-party assignee and it must only relate to the work to be performed for services to protect, repair, restore, or replace a dwelling or structure or to mitigate against further damage to such property.
Fla. Stat. 627.7152(10)(a) continues to dictate Assignment of Benefits litigation. This statute dictates if the difference between the judgment obtained by the assignee and the pre-suit settlement offer is less than 25 percent of the disputed amount, the insurer is entitled to an award of reasonable attorney fees.
What is an assignment of benefits? An AOB is an agreement that transfers the insurance claims rights or benefits of the policy to a third party. An AOB gives the third party authority to file a claim, make repair decisions, and collect insurance payments without the involvement of the homeowner.
627.7152(10)(a) continues to dictate Assignment of Benefits litigation. This statute dictates if the difference between the judgment obtained by the assignee and the pre-suit settlement offer is less than 25 percent of the disputed amount, the insurer is entitled to an award of reasonable attorney fees.
To stem the AOB misuse, OIR worked with the Governor, Cabinet, and Florida Legislature to pass significant consumer protection reform related to AOBs. On , Governor DeSantis signed into law House Bill 7065 (2019) (?HB 7065?), a significant reform to the AOB landscape, effective July 1, 2019.
The Impact of the Change on Homeowners in Florida For policies issued after January 1, 2023 the right to assign benefits for this type of work has been eliminated. Insurers lobbied for this change, but policies require that property owners take action to stop the damage and prevent it from becoming worse.