627.7153
Policies restricting assignment of post-loss benefits under a property insurance policy.
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627.7153 Policies restricting assignment of post-loss benefits under a property insurance policy.—
(1) As used in this section, the term “assignment agreement” has the same meaning as provided in s. 627.7152.
(2) An insurer may make available a policy that restricts in whole or in part an insured’s right to execute an assignment agreement only if all of the following conditions are met:
(a) The insurer makes available to the insured or potential insured at the same time the same coverage under a policy that does not restrict the right to execute an assignment agreement.
(b) Each restricted policy is available at a lower cost than the unrestricted policy.
(c) The policy prohibiting assignment in whole is available at a lower cost than any policy prohibiting assignment in part.
(d) Each restricted policy include on its face the following notice in 18-point uppercase and boldfaced type:
THIS POLICY DOES NOT ALLOW THE UNRESTRICTED ASSIGNMENT OF POST-LOSS INSURANCE BENEFITS. BY SELECTING THIS POLICY, YOU WAIVE YOUR RIGHT TO FREELY ASSIGN OR TRANSFER THE POST-LOSS PROPERTY INSURANCE BENEFITS AVAILABLE UNDER THIS POLICY TO A THIRD PARTY OR TO OTHERWISE FREELY ENTER INTO AN ASSIGNMENT AGREEMENT AS THE TERM IS DEFINED IN SECTION 627.7152 OF THE FLORIDA STATUTES.
(3) The insurer shall notify the insured at least annually of the coverage options the insurer makes available under this section. Such notice must be part of and attached to the notice of premium.
(4) A named insured must reject a fully assignable policy in writing or electronically. The rejection of a fully assignable policy shall be made on a form approved by the office. The form must state that the policy restricts the assignment of benefits. The heading of the form shall be in 18-point uppercase and boldfaced type and state:
YOU ARE ELECTING TO PURCHASE AN INSURANCE POLICY THAT RESTRICTS THE ASSIGNMENT OF BENEFITS UNDER THE POLICY IN WHOLE OR IN PART. PLEASE READ CAREFULLY.
(5) This section applies to a policy issued or renewed on or after July 1, 2019.
History.—s. 2, ch. 2019-57.
Notes of Decisions
Cited in 10
cases (8 in the last 5 years), 2020–2024 · leading case: Sabran v. Rockhill Insurance Company
Sabran v. Rockhill Insurance Company (2021)
“See Fla. Stat. §§ 627.7153 (1)–(2), 627.7152(1)(b).”
EXTREME EMERGENCY FIRE & WATER RESTORATION LLC v. CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON (2020)
“See §627.7153, Fla. Stat. (2019) (enacting a law, effective July 1, 2019, authorizing insurance companies under certain conditions to make available a 1 Indeed, the Florida Legislature did recently address this issue, enacting section 627.”
THE KIDWELL GROUP, LLC d/b/a AIR QUALITY ASSESSORS OF FLORIDA a/a/o FRANCINE NOVEMBRE v. GEOVERA SPECIALTY INSURANCE COM (2021)
“See generally § 627.7153, Fla. Stat. (2019). According to the assignee, the Legislature’s enactment of section 627.”
MOLD BUSTER DETECTION SERVICES, LLC a/a/o ABRAHAM SOLANO v. CITIZENS PROPERTY INSURANCE CORPORATION (2022)
“Appellant contends that the insurance policy had to comply with section 627.7153, Florida Statutes (2020).”
THE RESTORATION TEAM a/a/o RICK SANTOS and IDALIA SANTOS v. SOUTHERN OAK INSURANCE COMPANY (2023)
“2 We note that no party to the instant appeal has raised the applicability of section 627.7153, Florida Statutes (2019).”
KWAKU ADJEI v. FIRST COMMUNITY INSURANCE COMPANY (2022)
“1 We summarily reject the notion that section 627.7153, Florida Statutes (2019), which governs anti-assignment provisions in insurance policies, has any application to this case.”
SFR Services, LLC v. Indian Harbor Insurance Company (2021)
“At issue in this case is the requirement found in Fla. Stat. § 627.7153 (2)(a)(4) (hereinafter “subsection 2(a)(4)”) that the assignment “[c]ontain a written itemized, per-unit cost estimate of the services to be performed by the assignee.”
SFR Services, LLC a/a/o John Braun and Barbara Braun v. GeoVera Specialty Insurance Company (2021)
“3 Section 627.7153, Florida Statutes, which now governs assignment of post- loss benefits, has an effective date of July 1, 2019.”
33 Carpenters Construction, Inc. v. State Farm Fire and Casualty Company (2020)
“1, 2020); see also Fla. Stat. Ann. § 627.7153 (West, Westlaw current through 2019 1st Reg.”
Well Done Mitigation v. Westchester Surplus Lines Insurance Company (2024)
“422 permit anti-assignment provisions when the surplus insurer complies with Florida Statute § 627.7153. Defendant contends that these amendments thwart the requirement in Florida Statute § 626.”
— 627.7153(1) — 1 case
Sabran v. Rockhill Insurance Company (2021)
“See Fla. Stat. §§ 627.7153 (1)–(2), 627.7152(1)(b).”
— 627.7153(2) — 1 case
EXTREME EMERGENCY FIRE & WATER RESTORATION LLC v. CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON (2020)
“See §627.7153, Fla. Stat. (2019) (enacting a law, effective July 1, 2019, authorizing insurance companies under certain conditions to make available a 1 Indeed, the Florida Legislature did recently address this issue, enacting section 627.”
— 627.7153(5) — 1 case
EXTREME EMERGENCY FIRE & WATER RESTORATION LLC v. CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON (2020)
“See §627.7153, Fla. Stat. (2019) (enacting a law, effective July 1, 2019, authorizing insurance companies under certain conditions to make available a 1 Indeed, the Florida Legislature did recently address this issue, enacting section 627.”
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