Fla. Stat. 627.7152 essentially regulates all contracts that award post-loss benefits to an insurance contract. In particular, Fla offers. Stat. 627.7152 1) the language and necessary provisions to be included in a transfer agreement; 2) essential withdrawal rights for policyholders; 3) Limitation of a transferee`s right to recover legal fees against an insurer in litigation; 4) prohibits an assignee from collecting a fee to the insured, with the exception of self-sustaining, enhanced or contractual work; 5) Conditions of appeal against an insurer. The law is not an explicit exception that would prohibit the right to execute resignation in emergency situations. However, the law envisages the use of an emergency benefit allowance, since the statutes limit the amount of the emergency allowance to a higher amount of $3,000.00 or 1% of the ceiling. In addition, one of the seven (7) provisions required in a transfer agreement is that it contains a written and broken down estimate of unit costs for the services to be provided. Given that resignation is possible fourteen (14) days after the signing of the transfer contract, that a single-point estimate (which may not be possible in an emergency) must be included in the transfer agreement and that the emergency response is limited to $3,000 or 1% of coverage A, it is not certain that an allocation agreement will actually be applied in the event of an emergency.
Time will tell whether this status has a negative impact on landowners` ability to recruit competent contractors in an emergency. The important thing is fla. Stat. 627.7152 (2) (d) states that “a transfer agreement that does not comply with this subsection is invalid and unenforceable.” The new Benefit Allocation Act affects all contracts concluded after July 1, 2019. Insurance contracts are not applicable if they do not comply with the new law. While this section is not a comprehensive review of all the changes, it does address the parts of the legislation that may have the greatest impact on businesses that use benefit allocation as part of their business model. It will probably not be enough to ensure that your transfer agreements are updated to comply with the law.