Carlton Fields Shareholder Heidi Hudson Raschke was quoted in a
Law360 article, “Fla. High Court May Crack Down On Benefit Assignments.” The Florida Supreme Court will hear a case,
Restoration 1 of Port St. Lucie v. Ark Royal Insurance Co., and the court’s decision could greatly impact insurance companies’ practices in the state of Florida.
The assignment of benefits gives contractors the ability to seek payment directly from insurers for work performed on an insured property.
Raschke told
Law360 that “if the high court reverses the Fourth District’s ruling, the state will be left with the status quo.
"Until the Fourth DCA's decision, I think there was a sense that any kind of post-loss assignment provision wasn't going to be upheld, and there was a strong look toward the Legislature to take action," Raschke said. "That legislative option will still be out there even if the Supreme Court does reverse."
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