Florida Senate - 2019                                     SB 904
       
       
        
       By Senator Rader
       
       
       
       
       
       29-01334-19                                            2019904__
    1                        A bill to be entitled                      
    2         An act relating to the assignment of property
    3         insurance benefits; creating s. 627.7152, F.S.;
    4         defining the term “assignment agreement”; specifying
    5         requirements for an assignee; requiring an assignee to
    6         meet certain requirements as a condition precedent to
    7         filing suit under a policy; providing that acceptance
    8         of an assignment agreement constitutes a waiver of
    9         certain claims; providing construction and
   10         applicability; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 627.7152, Florida Statutes, is created
   15  to read:
   16         627.7152 Assignment of property insurance post-loss
   17  benefits.—
   18         (1) As used in this section, the term “assignment
   19  agreement” means any instrument by which post-loss property
   20  insurance benefits for services to protect, repair, restore, or
   21  replace property, or to mitigate against further damage to
   22  property, are assigned, transferred, or conveyed, regardless of
   23  how named or styled.
   24         (2) As to claims arising under an assignment agreement, the
   25  failure to comply with any provision of this subsection creates
   26  a presumption that the insurer is prejudiced by such failure to
   27  comply and shifts the burden in any proceeding or suit to the
   28  party seeking benefits, rights, or proceeds from the insurer to
   29  demonstrate that the insurer was not prejudiced. The assignee or
   30  transferee must do all of the following:
   31         (a) Maintain records of all services provided under the
   32  assignment agreement;
   33         (b) Cooperate with the insurer in the investigation of a
   34  claim;
   35         (c) Provide the insurer with any and all records and
   36  documents requested by the insurer related to services provided
   37  within 7 business days of the assignee’s receipt of a written
   38  request and permit the insurer to make copies of such records or
   39  documents as may be reasonably necessary;
   40         (d) Deliver a copy of the executed assignment agreement to
   41  the insurer no later than 3 business days after the assignment
   42  agreement is executed by all named insureds; and
   43         (e) Concurrently with any request for payment of benefits
   44  under the insurance policy, provide the insurer with a written,
   45  itemized, per-unit cost statement of services actually performed
   46  pursuant to the assignment agreement.
   47         (3) As to claims arising under an assignment agreement, an
   48  assignee must, as a condition precedent to filing a suit under
   49  the policy:
   50         (a) If required by the insurer, submit to examinations
   51  under oath and recorded statements conducted by the insurer or
   52  the insurer’s representative which are limited to matters
   53  related to the services provided, the costs of services, and the
   54  assignment or transfer; and
   55         (b) Participate in an appraisal or other alternative
   56  dispute resolution method in accordance with the terms of the
   57  policy.
   58         (4) An activity in compliance with subsections (2) and (3)
   59  does not constitute practice as a public adjuster pursuant to
   60  part VI of chapter 626.
   61         (5) Notwithstanding any other law, the acceptance by a
   62  person of any assignment agreement constitutes a waiver by the
   63  assignee, and any subcontractor of the assignee or transferee,
   64  of any and all claims against all named insureds for payment
   65  arising from the specified loss, except that all named insureds
   66  remain responsible for the payment of any deductible amount
   67  provided for by the terms of the insurance policy and for the
   68  cost of any betterment ordered by all named insureds. This
   69  waiver remains in effect notwithstanding any subsequent
   70  determination that the assignment agreement is invalid.
   71         (6) This section applies to assignment agreements that are
   72  executed after July 1, 2019.
   73         Section 2. This act shall take effect July 1, 2019.