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That order upheld OIR’s disapproval of Security First’s request to amend its policy language in the same fashion as the instant case, "restrict[ing] the ability of policyholders to assign post-loss benefits absent the consent of all insureds, all additional insureds, and all mortgagees named in their policies." Id. at 1157-58.
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In December of last year, my colleague Ashley Harris discussed Security First Insurance Co. v. Florida Office of Insurance Regulation, 1 where the Florida Fifth District Court of Appeal (Fifth DCA) upheld the Office of Insurance Regulation ("OIR") prohibition of proposed language in an insurance policy that would require "all insureds, all additional insureds and all mortgagees" named.
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· Security First Insurance Co. took the case to the 5th District Court of Appeal after the Florida Office of Insurance Regulation rejected a company proposal to add such AOB restrictions to policies.
Here, the contract did not prohibit assignment, but only imposed a permissible condition upon assignment – requiring the approval of all insureds and the mortgagee. The Restoration 1 court distinguished longstanding precedent of the florida supreme court (dating to 1918) in West Florida Grocery Co. v. teutonia fire ins. Co.
· Getting an AOB case before the Supreme Court has reform advocates, including officials at state-backed Citizen’s Insurance, hopeful that the judiciary can do what the Legislature has failed to do for at least six years – crack the gridlock in addressing a contentious “one-way” fee clause in state insurance law. Florida allows property owners to sign over, or assign, insurance benefits to.