Can you still sign an assignment of benefits in Florida?

The short answer

Not on a policy issued on or after January 1, 2023. Florida Statutes 627.7152(13) says that for residential and commercial property policies issued on or after that date, a policyholder may not assign, in whole or in part, any post-loss insurance benefit. An attempted assignment is void, invalid and unenforceable.

So if a contractor puts a paper in front of you that signs over your claim, the law says it does not work for a policy in that group.

This is general information, not legal advice. Check your policy's issue date and ask your insurer what applies to you.

What an assignment of benefits means

To assign a benefit is to hand your right to it to someone else. After a storm, the benefit is the money your insurer owes under your policy. An assignment of benefits would let a contractor or another company step in and collect that money in your place.

The statute says a policyholder may not do that with any post-loss benefit, in whole or in part. The word "post-loss" matters. It covers rights that arise after the damage happens.

Older policies

The 2023 date is about when the policy was issued. We did not find what rules apply to a policy issued before January 1, 2023, so we cannot say. If your policy is older, ask your insurer in writing whether your policy allows an assignment and what it means for your claim.

Your policy papers show when it was issued. If you are not sure which date counts, ask the insurer in writing.

What contractors may and may not do

A separate law keeps contractors out of the claims business. Under Florida Statutes 626.854(16), a licensed contractor, or its subcontractor, may not advertise, solicit, offer to handle, handle or perform public adjuster services unless it also holds a public adjuster license.

A contractor may suggest that you contact your insurer about coverage. A contractor may also explain a repair bid for the usual and customary fee stated in the contract. Those two are allowed. Handling your claim is not.

• If a contractor says it will deal with the insurer for you, ask whether it holds a public adjuster license.
• If you are handed an assignment form for a policy issued in 2023 or later, the statute says it is void. Do not rely on it.
• Read every page before you sign, and keep a copy.

For the full checklist, see our guide to hiring a contractor after a hurricane.

Where to turn if something looks wrong

The Florida Department of Financial Services runs an Insurance Consumer Helpline at 1.877.693.5236. Its page says you may call if the insurer does not act and may file a complaint against the company, so that the Department advocates for you at no charge. We did not confirm the helpline's hours on that page.

Deadlines still apply to a claim. Our guide to the Florida hurricane claim deadline explains them.

How Hildebrand handles this kind of work

Hildebrand Construction & Remodeling, LLC is a Florida Certified Building Contractor, license CBC1257253. We document storm damage and coordinate the construction scope with your insurance adjuster, then rebuild to code. We do not negotiate your claim. The claim stays between you and your insurer.

We quote every job after an on-site visit, with a free in-home consultation and written estimate and no trip fee. We pull every required permit and meet Florida Building Code inspections. See our home restoration service and impact windows and doors.

Call or text (941) 284-2218, Monday to Friday, 8 AM to 5 PM. We answer outside those hours the next business day.

Questions homeowners ask