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Fla. and Okla. Courts Uphold Right to Assign Benefits

Fla. and Okla. Courts Uphold Right to Assign Benefits
Appellate courts in Florida and Oklahoma this week upheld the right of policyholders to assign their right to collect benefits from an insurance claim to contractors, reversing trial court rulings in favor of insurers.
The Oklahoma Supreme Court on Wednesday reaffirmed a ruling it made in 1957: Contractual language that prohibits an insurance policy to be assigned to another does not bar a policyholder from assigning his or her right to collect from an insurance policy after a loss occurs.
The Florida 3rd District Court of Appeals ruled Tuesday that an insurer cannot get around a century of case law by placing the assignment-of-benefits prohibition in the application for insurance instead of the policy. The appellate panel held that the application is part of the policy under Florida law, and courts have held since 1917 that an insurance contract cannot take away a policyholder’s right to assign benefits after a l ....

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Okla. Justices Allow Builder's Storm Repair Coverage Suit

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Okla. Justices Allow Builder s Storm Repair Coverage Suit
Law360 (December 16, 2020, 6:41 PM EST) The Oklahoma Supreme Court ruled Tuesday that a construction company can pursue a suit alleging that a client s home insurance carrier lowballed her claim for storm damage, finding that the client was permitted to assign the builder her right to sue the insurer for breach of contract.
Reversing a trial court ruling, the Oklahoma high court revived Triple Diamond Construction LLC s suit against CSAA General Insurance Co., which insured the home of the builder s client, Tokiko Johnson.
After CSAA allegedly undervalued Johnson s claim for storm damage to her home in Midwest City, Oklahoma, she assigned her right to pursue legal claims. ....

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