Home Is Where Limited Assignment of Insurance Benefits Is

March 15, 2016


Publication
Law360


Law360, New York (March 15, 2016, 11:05 AM ET) -- In a recent per curiam opinion, Florida’s Fourth District Court of Appeals affirmed the lower court’s finding that an assignment of benefits agreement as to insurance proceeds is invalid and unenforceable because it is an unsecured agreement which attempts to divest the insureds of constitutionally protected homestead rights. This decision continues a trend in the Florida courts to protect such homestead rights from assignment of property insurance benefits to third-party service providers and vendors.

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