As the waters recede from Hurricane Irma, there are many issues
for property insurers to consider as they adjust claims in Florida,
including unique issues raised by assignment of benefits, Florida
law on concurrent causation, and time element considerations.
Assignment of Benefits
An assignment of benefits (AOB) is a legal tool that allows a
third party to be paid for services performed for an insured
property owner who would normally be paid or reimbursed by the
insurance company directly after making a claim. AOB is commonly
used when a property owner experiences a loss and contacts a
contractor for assistance in repairing damage. Most AOB agreements
allow the contractor to stand in the shoes of the property owner
for insurance collection purposes, and they are allowed and
enforceable under Florida law. Bioscience West, Inc. a/a/o
Elaine Gattus vs. Gulfstream Prop. & Cas. Ins. Co., 185
So. 3d 638 (Fla. 2d DCA 2016) (Anti-assignment clause of policy did
not
