Assignment of Benefits

Property in 60 Seconds: Maryland Court Voids Post-Loss Assignment

The Appellate Court of Maryland held today that an anti-assignment clause applied to void a policyholder’s “broad assignment.”   In the Matter of the Petition of Featherfall Restoration LLC, the policyholders executed an “Assignment of Claim” which purported to give broad rights under the Policy related to a roof damage claim. Specifically, the “Assignment of Claim” stated …

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Eastern District of Pennsylvania Enforces Assignment of Statutory Bad Faith Claim to Water Mitigation Contractor

In nearly identical holdings, the U.S. District Court for the Eastern District of Pennsylvania in Royal Water Damage Restoration Inc. v. Allstate Vehicle Prop. Ins. Co. and Royal Water Damage Restoration v. State Farm Fire Cas. Co. recently found that Royal Water Damage Restoration, a water remediation company, has standing as an assignee to sue an …

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Understanding the Role of Public Adjusters

The role of public adjusters is clearly set forth under Pennsylvania law.  Public adjusters advise and assist policyholders with their insurance claim.  See 63 P.S. § 1601.  Public adjusters do not “represent” anyone.  Public adjusters are not attorneys, nor are they representatives or employees of an insurance company.  The public adjuster-policyholder relationship is regulated by …

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