Missouri has enacted two bills involving the legal title of property damage claims paid, in whole or in part, by an insurer. The portion of the claim paid by the insurer shall vest in the insurer; the claimant retains legal title of the remaining claim. House Bill 2636 and Senate Bill 835 add additional provisions as stated below.
Among other provisions, House Bill 2636 prohibits an insured from transferring, in whole or in part, their duties, rights, or benefits under a policy. This restriction applies both before and after a claimed or covered loss. It does not apply to express authority granted to an insured under a policy of insurance to authorize or direct payment to a person for services, materials, or anything else that may be covered under the policy.
Among other provisions, Senate Bill 835 prohibits the solicitation or acceptance of assignment agreements, in whole or in part, for any post-loss property damage insurance benefits. This does not apply to an assignment, transfer, pledge, or conveyance granted to a financial institution, mortgagee, lienholder, or a subsequent purchaser of the property.
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