[CLC-Discussion] New Bill seeks to stop assignments of benefits

Thu Mar 28 05:57:12 PDT 2013

It is my understanding that there is no senate companion bill and little support or activity behind HB909.  We have been monitoring and our last report to interested clients (3/18) was that it was unlikely to pass, according to our firm’s lobbyists. Please advise if you uncover any information to the contrary.

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Michael R. Romm, P.A.
Sent: Wednesday, March 27, 2013 9:33 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] New Bill seeks to stop assignments of benefits

To Everyone:  I represent a number of fire and water damage restoration companies and an Assignment of Benefits, Direct Payment Authorization is standard operating procedure for all of my clients.  Has anyone brought up for discussion yet HOUSE BILL 909 (2013)?  If not, then I urge everyone to help me fight this bill.  I represent a number of general contractors who perform fire and water damage restoration based on their estimates to the insurance company.  My clients usually insist on getting an Assignment of Benefits from the homeowner which assigns their rights as insureds under their homeowner's policy to the fire/water damage restoration company (usually a general contractor).  If the insurance company tries to wrongfully cut the estimate down or otherwise refuses to pay a valid claim, my client stands in the shoes of the homeowner and sues the insurance company.  This is a bad bill.  Anybody have any thoughts or comments?

One of my restoration company clients received the following:

ANOTHER MAJOR ATTACK ON THE RESTORATION INDUSTRY
TO ALL RESTORATION PROFESSIONALS:

A bill was just filed in the Florida House which would prohibit assignments under homeowner's policies. This would be a major blow to the industry and completely give all of the power back to the insurance companies. Please reference House Bill HB 909 (2013):

"(2) Any homeowner's insurance policy may prohibit the
assignment of rights or benefits under the policy, and a third-
party beneficiary may not accept an assignment or recover
against any policy that prohibits assignment. Any assignment of
rights or benefits under a homeowner's insurance policy that
prohibits assignment renders the coverage void."
Michael Romm
Michael R. Romm, P.A.
North Office:  4660 North University Drive
Lauderhill, FL 33351
South Office: 1213 S. 30th Avenue, Suite 2
Hollywood, FL 33020
Phone: (954) 557-8002
Fax:  (954) 208-0022
EMAIL:  mromm at rommlaw.com<mailto:mromm at rommlaw.com>

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-------- Original Message --------
Subject: Re: [CLC-Discussion] DUI attorney in Orlando
From: "Gibbons, Michael" <Michael.Gibbons at lowndes-law.com<mailto:Michael.Gibbons at lowndes-law.com>>
Date: Mon, March 25, 2013 3:21 pm
To: "'Tracye'" <Tracye at solovelawfirm.com<mailto:Tracye at solovelawfirm.com>>,
"clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>"
<clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>>

As a former prosecutor here in Orlando, I can tell you without hesitation that the best DUI defense attorney is Stuart Hyman.  407.896.0536.    I’m happy to discuss what sets Stuart apart if you want more details.

Michael R. Gibbons  (Bio<http://lowndes-law.com/our-people/michael-r-gibbons>)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons at lowndes-law.com<mailto:michael.gibbons at lowndes-law.com>
website: http://www.lowndes-law.com<http://www.lowndes-law.com/>

        [cid:image001.jpg at 01CE2B91.EFBD5CA0]

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Tracye
Sent: Monday, March 25, 2013 2:50 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] DUI attorney in Orlando

Can someone recommend a skilled/reputable DUI attorney in Orlando. I know this isn’t a construction problem, but appreciate any feedback.

[Logo]
Tracye K. Solove, Attorney at Law
Certified Civil Circuit Mediator
Tracye at solovelawfirm.com
Kendallwood Office Park One
12002 Southwest 128th Court
Suite 201
Miami, Florida  33186
Phone: (305) 612-0800
Facsimile: (305) 612-0801
http://www.solovelawfirm.com<http://www.solovelawfirm.com/>

Providing Statewide Legal Services in the areas of Commercial Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant and Real Estate Foreclosures

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Denise Hammond
Sent: Friday, March 15, 2013 1:39 PM
To: 'Bryan L. Capps'; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Contract language for BIM,IPD and Triple Prime Contracts

Hey CLC friends –

Looking for contract documents or language which discuss Integrated Project Delivery (IPD), Building Information Management (BIM) or Triple Prime contracts.

I’d appreciate it if you could share or point me in the right direction.

Thanks and have a great weekend.

Denise

Denise Hammond, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Ave., Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
dhammond at wfmblaw.com<mailto:dhammond at wfmblaw.com>
www.wfmblaw.com<http://www.wfmblaw.com>

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Bryan L. Capps
Sent: Friday, March 15, 2013 1:06 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Contractor's Subcontracting to Itself to DefeatLien/Bond Claims

All:

                I could swear that someone recently raised a question/initiated a discussion regarding whether a contractor could (be permitted to) essentially subcontract to itself (e.g., an affiliate) for the purpose or with the effect of thereby lowering all other (“true”) subcontractors, materialmen, etc. one level in the chain of contracts, such that lien/bond claims of the lowest tiers are defeated under the limitations of applicable lien/bond statutes.  If I’m not dreaming, could someone please give me the date(s) or subject lines of that committee thread?  Thanks.

[Description: Description: Description: Description: H:\HTML Signature Block\Kirwin Norris Logo.gif]<http://www.kirwinnorris.com/>

Bryan L. Capps
Partner | Florida Board Certified in Construction Law

Kirwin Norris, P.A.
15 West Church Street
Suite 301
Orlando, Florida 32801
Telephone: 407-740-6600
Facsimile: 407-740-6363
blc at kirwinnorris.com<mailto:blc at kirwinnorris.com>
www.kirwinnorris.com<http://www.kirwinnorris.com/>

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