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

November 14, 2018
Tred R. Eyerly - Insurance Law Hawaii

The Florida Court of Appeal upheld an assignment of benefits provision that required signatures of all insureds and mortgagees. Restoration 1 of Port St. Lucie v. Ark Royal Ins. Co., 2018 Fla. App. LEXIS 12633 (Fla. Ct. App. Sept. 5, 2018).

Ark Royal issued a homeowner's policy to the insureds. The policy stated that "[n]o assignment of claim benefits, regardless of whether made before a loss or after a loss, shall be valid without the written consent of the insureds, and all mortgagee(s) named in this policy."

Mr. Eyerly may be contacted at te@hawaiilawyer.com



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