Tuesday, September 18, 2012

Post Loss Insurance Claim Can Be Assigned, But The Insured Still Must Cooperate With Loss Investigation

​In Citizens Property Insurance Corporation v. Ifergane (3D10-1195 & 3D09-3293), the Third District affirmed the trial court in part and reversed in part. Because post-loss insurance claims are freely assignable in Florida, the trial court correctly dismissed the former spouse who had assigned her interest in the claim. However, that did not relieve the former spouse of her obligations to cooperate pursuant to the contract (insurance policy). The court stated:
Because we find there were genuine issues of material fact as to whether Haim was a resident spouse on the date of loss, and because the Assignment did not relieve Alexandra of her post-loss obligations as a named insured under the policy, we reverse.


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