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

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In Electromation, the U.S. Court of Appeals for the Seventh Circuit upheld. require compensation of hourly employees under certain circumstances under the FLSA.[13] The FLSA requires that nonexempt.

The Florida appellate court agreed, holding that the language of the assignment of benefits provision was enforceable. The court found that Florida common law or public policy does not prohibit an assignment of benefits provision in an insurance contract that requires the consent of all insureds and the mortgagee before assignment.

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

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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.

Eleventh Circuit certifies question to the florida supreme court, “Is the notice and. fourth dca upholds Assignment of Benefits (AOB) in the context of property. Nothing herein shall be deemed to require any party or party representative who. insured may validly assign a post-loss claim even when the insurance policy.

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