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Assignment of Benefits Rules Roofing Sales Teams Need to Know

Quick answer

Assignment of Benefits, the paperwork that lets a homeowner sign their insurance claim payout over to your company, is banned outright for any Florida residential or commercial property policy issued or renewed on or after January 1, 2023 (Fla. Stat. §627.7152). Older Florida policies fall under a separate set of itemization and disclosure rules, and AOB law outside Florida varies by state in ways this guide has not independently verified, so confirm your own state's current statute before a rep hands a homeowner an assignment form anywhere else.

What an Assignment of Benefits Actually Transfers

An AOB is a legal transfer, not a courtesy. When a homeowner signs one, they hand you their right to the insurance payout for that claim. You bill the carrier directly, you negotiate the scope directly, and in a lot of cases you can pursue the insurer through litigation if the carrier underpays, all without the homeowner personally involved in the fight.

That is exactly why AOBs became controversial. They moved a huge amount of claim-dispute activity, and litigation, into contractor hands, and several states responded by restricting or banning the practice outright.

Florida's Post-2023 Ban, in Plain Language

Florida's HB 7065, codified at Fla. Stat. §627.7152, bans AOBs outright for any residential or commercial property insurance policy issued or renewed on or after January 1, 2023. If your sales team operates in Florida and the underlying policy is new or was renewed after that date, an AOB is not a paperwork option. It is off the table.

Policy statusAOB allowed?What applies instead
Issued or renewed on/after Jan 1, 2023No, banned outrightUse a contingency agreement; the claim stays in the homeowner's name
Issued before Jan 1, 2023 and not yet renewedStill enforceable, with conditionsMust meet itemization and disclosure rules below

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What Still Applies to Pre-2023 Florida AOBs

An AOB signed on a pre-2023 policy that has not yet renewed can still be enforceable, but it has to meet real requirements, not just a signature line. It must contain a written, itemized per-unit cost estimate for the work, and an indemnification clause protecting the insurer. It may not include rescission fees, cancellation fees, or administrative fees tacked onto the homeowner.

Separately, under Fla. Stat. §627.7153, insurers that still offer AOB-restricted policies have to notify policyholders of that restriction annually, and price the restricted policy lower than an unrestricted equivalent. That is a carrier-side rule, but it shapes what your homeowner is actually working with, so it is worth knowing when you're explaining the claim process to them.

Why the Rest of the Industry Is Watching Florida

Roofing line items made up over 25% of all residential insurance claim value in 2024, and non-catastrophic wind and hail claims climbed from 17% of all residential claims in 2022 to 25% by 2024 (Verisk, via Insurance Business Magazine). Roofing claims are a large and growing share of what insurers pay out, which is exactly the kind of exposure that drives carriers and legislators to tighten the mechanisms, like AOB, that hand claim control to contractors. Sales teams should expect more states to legislate here, not fewer.

What This Means If You Run a Multi-State Sales Team

Do not assume the AOB form your team uses in one state is legal, or even the right tool, in another. AOB statutes are written and amended state by state, and this guide only has verified, sourced detail on Florida's rule. Build your paperwork around what you can confirm locally: check your state's current insurance code or ask an attorney before your reps use any assignment-style document outside a jurisdiction you have already verified.

The safer default in most conversations is the contingency agreement covered in the companion guide, which transfers nothing and carries far less regulatory exposure than an AOB, in Florida or anywhere else.

What this means for you

  • Florida bans AOBs outright for any residential or commercial policy issued or renewed on or after January 1, 2023 (Fla. Stat. §627.7152).
  • Pre-2023 Florida AOBs still need a written itemized estimate and indemnification clause, and may not carry rescission, cancellation, or administrative fees.
  • AOB law varies by state and this guide has only verified Florida's statute. Confirm locally before using assignment paperwork anywhere else, and default to a contingency agreement when unsure.

Sources

The external data in this guide draws on the sources below. Figures described in the text as estimates or industry triangulations are directional and are not attributed to a single dataset.

FAQ

Is Assignment of Benefits banned in Florida?
Yes, for any residential or commercial property policy issued or renewed on or after January 1, 2023 (Fla. Stat. §627.7152). Older policies that have not renewed fall under a separate set of itemization and disclosure rules rather than an outright ban.
Can I still use an AOB signed before 2023 in Florida?
It can still be enforceable if it contains a written, itemized per-unit cost estimate and an indemnification clause, and does not include rescission, cancellation, or administrative fees. Once the underlying policy renews, the post-2023 ban applies.
What should I use instead of an AOB?
A contingency agreement, which lets a homeowner commit to your company once the claim is approved without transferring any insurance rights. It carries far less regulatory exposure than an AOB.
Does every state ban AOB the way Florida does?
Not necessarily, and this guide has not independently verified other states' AOB statutes. Check your own state's current insurance code, or ask counsel, before your team uses assignment paperwork outside Florida.

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