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FL H0359
Bill
Status
5/3/2019
Primary Sponsor
Javier Fernandez
Click for details
AI Summary
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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
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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
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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
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Mandates assignees submit to examinations under oath and participate in appraisal or alternative dispute resolution as conditions precedent to filing suit under the policy
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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
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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