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

On appeal, the Fourth DCA distinguished the policy restriction requiring all interested parties, including Mr. Squitieri and the mortgagee, to consent to an assignment from the condition presented to the Florida Supreme Court in West Florida Grocery, which required the insurance company to consent to assignment. The Fourth DCA stated that.

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In a decision that lawyers say could have a significant impact on long-standing insurance practices in Florida, a state appeals court Wednesday ruled that homeowners’ insurance policies may.

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The 4th District Court of Appeal decision, however, conflicted with an earlier ruling by the 5th District Court of Appeal in a case that also focused on whether an insurer could require approval of mortgage companies and all people insured in policies before benefits could be assigned.

A bankruptcy court judge approved nixing the. a decision that was upheld by the Third Circuit in December. Spansion’s latest complaint could prompt the ITC to open an investigation into the claims.

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The 4th District Court of Appeal decision, however, conflicted with an earlier ruling by the 5th District Court of Appeal in a case that also focused on whether an insurer could require approval of mortgage companies and all people insured in policies before benefits could be assigned.

as well as continued debates about policies used to comply with the Endangered Species Act (ESA), which necessarily involves interagency coordination — always a tenuous endeavor. And all of this,

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Accordingly, some insurers have sought to add language to their policies which conditions any post-loss assignment on the consent of all insureds, additional insureds, and mortgagees. Late last year, Florida’s Fifth District Court of Appeal affirmed the order of the Commissioner of the Office of Insurance Regulation (OIR), that disapproved an.

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