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Assignment of Benefits (AOB)

An agreement transferring a policyholder's post-loss insurance benefits to a third party such as a contractor, now barred for Florida property policies issued on or after January 1, 2023 and tightly regulated for policies issued between July 1, 2019 and before that date.

What an AOB is

An assignment of benefits transfers your right to collect insurance proceeds to a third party, most often a restoration company or roofer. Once you sign, that vendor can bill the carrier directly and, historically, could sue the insurer in its own name over the claim. The appeal is convenience: the contractor deals with the insurer so you do not have to. The cost is control: you hand the claim to someone whose interests are not identical to yours.

Florida's current rules

Under Fla. Stat. 627.7152, the rules turn on your policy's issue date:

  • For property policies issued on or after January 1, 2023, a policyholder may not assign, in whole or in part, any post-loss insurance benefit. It is a flat prohibition. A contractor asking you to sign an AOB under a policy in that window is asking for something the statute does not allow.
  • For policies issued July 1, 2019 through before January 1, 2023, an assignment can be valid, but only if it meets strict requirements: it is in writing, gives you a right to rescind without penalty, delivers a copy to the insurer within 3 business days, includes a written itemized per-unit estimate, and carries an 18-point uppercase boldface consumer warning. An assignee must also serve a pre-suit notice at least 10 business days before filing suit.

Should you sign one

Signing an AOB hands a stranger control of your claim, and, as the statutory warning itself says, it may result in litigation against your insurer. In most cases you keep more leverage by leaving the benefits in your own name and hiring a public adjuster who works for you. If you were already asked to sign one, check the policy's issue date first: on newer policies it is barred outright, and on older ones do not sign until every requirement is met.

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