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.