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FL H0359

Bill

Status

Failed

5/3/2019

Primary Sponsor

Javier Fernandez

Click for details

Origin

House of Representatives

2019 Regular Session

AI Summary

  • Creates Section 627.7152, Florida Statutes, regulating assignment agreements where property owners transfer post-loss insurance benefits to contractors for repair, restoration, or damage mitigation services

  • Requires assignees to maintain service records, cooperate with insurer investigations, provide requested documents within 7 business days, deliver executed agreements to insurers within 3 business days, and submit itemized cost statements with payment requests

  • Establishes that failure to comply with requirements creates a presumption the insurer was prejudiced, shifting the burden to the assignee to prove otherwise in any proceeding

  • Mandates assignees submit to examinations under oath and participate in appraisal or alternative dispute resolution as conditions precedent to filing suit under the policy

  • Acceptance of an assignment agreement waives all claims by the assignee and subcontractors against the named insureds for payment, except for deductibles and betterment costs ordered by the insureds

  • Applies to assignment agreements executed after July 1, 2019

Legislative Description

Assignment of Property Insurance Benefits

Last Action

Died in Civil Justice Subcommittee, companion bill(s) passed, see CS/CS/HB 7065 (Ch. 2019-57)

5/3/2019

Committee Referrals

Civil Justice Subcommittee1/30/2019

Full Bill Text

No bill text available