Assignment of Insurance Benefits Contracts: Resolving AOB Claims and Defending AOB Lawsuits
AOB's Scope, Invoking the Appraisal Remedy, Enforcing Conditions to Payment, Handling Multiple Assignments
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide insurance practitioners to an enhanced understanding of the use and abuse of assignment of benefits (AOB) whereby a third party, such as a contractor or physician, steps into the insured's shoes to negotiate claims with, and to receive payments and benefits directly from, the insurer. The panel will discuss the importance of any contractual limitations on AOBs, how AOBs affect the adjustment and settlement of losses, whether the assignee might be an unlicensed public adjuster, conflicts and competing interests AOBs can create, how AOBs can create "Catch-22" scenarios for insurers, and best practices for investigating and countering suspicious claims.
Outline
- Assignment of benefits overview
- The current state of the law
- State reform efforts and trends
- Policyholder perspectives
- Insurer perspectives
- Best practices and case studies
Benefits
The panel will review these and other key issues:
- What are the essential elements of an AOB contract, and who benefits from it?
- What is the impact of a "non-assignability" clause in the insurance contract?
- What are "red flags" for potential fraud involved with the assignment of claim presentations?
- What are the best strategies to help navigate a policyholder's claim through an AOB situation?
- What is the current state of the law and state-specific reform efforts?
- What are the critical AOB-related appraisal and litigation issues?
Faculty
Robert Friedman
Principal
Friedman
Mr. Friedman provides corporate insurance counseling to companies in Florida, the Caribbean, New York, and other... | Read More
Mr. Friedman provides corporate insurance counseling to companies in Florida, the Caribbean, New York, and other U.S. and foreign jurisdictions. He also advised the State of Florida on insurance policy issues. He writes extensively about insurance coverage for many publications, including National Underwriter, Business Insurance, Risk & Insurance, South Florida Business Journal, and Harvard Law Record.
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C. Scott Rybny
Chair Insurance Coverage & Extra-Contractual Litigation Group
Morgan & Akins
Mr. Rybny represents insurers in all phases of first and third party insurance disputes, including pre-litigation... | Read More
Mr. Rybny represents insurers in all phases of first and third party insurance disputes, including pre-litigation activities, special investigations, declaratory relief actions, and lawsuits alleging bad faith. His experience encompasses CGL, farm, condominium, fiduciary liability, property, business interruption, commercial crimes and credit risk insurance. Over the years, Mr. Rybny has been asked to speak on a variety of emerging insurance issues. Scott has presented at PAMIC, IASIU, PACIA, NBI, PDI and PLRB.
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