On July 29, 2019, the Florida Supreme Court discharged its jurisdiction over this insurance dispute. That dismissal leaves in place a decision by Florida’s Fourth District Court of Appeal upholding a homeowners insurance policy provision that conditions any assignment of claim benefits on the written consent of all insureds and mortgagees named in the policy. The Florida high court had earlier agreed to decide whether homeowners insurance policies may impose conditions on a post-loss assignment of benefits. But after the case was fully briefed, the Florida Legislature passed, and the Governor signed, a Florida law that resolves the question presented “on a going-forward basis” as of July 1, 2019. Under section 627.7153 of the Florida Statutes, insurers are permitted to offer “a policy that restricts in whole or in part an insured’s right to execute an assignment agreement” if certain conditions are met.
7/29/2019 Florida Supreme Court order