CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - SUNDAY, APRIL 19, 2026

Insurer Not Responsible for Insured's Assignment of Policy Benefits

Insurance notebook file

Attorney Tred R. Eyerly analyzes Expert Inspections, LLC v. United Property & Cas. Ins. Co.

February 21, 2022
Tred R. Eyerly - Insurance Law Hawaii

The Florida Court of Appeals affirmed the lower court's granting summary judgment to the insurer after failing to abide by an assignment to which it was not a party. Expert Inspections, LLC v. United Property & Cas. Ins. Co., 2022 Fla. App. LEXIS 88 (Fla. Ct. App. Jan. 5, 2022).

The insured's property sustained damage from Hurricane Irma resulting in a covered loss. The insured retained Expert Inspections to perform mold-related services. As payment, the insured assigned her policy benefits pursuant to an assignment of benefits agreement. Under the agreement, the insured agreed to cooperate with the assignee to ensure that payments were made by the insurer upon completion of work. The insured gave authority to the assignee to endorse any checks with her name listed on the check.

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


Use the form below to search the CDJ Archives: Search by topic, name, keywords, etc...

CDJ ARCHIVES-NEWS YOU MIGHT HAVE MISSED