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The Language Was Not Enough: Florida Supreme Court Holds That The Standard “Transfer Of Rights” Provision Does Not Abrogate The “Made Whole Rule”
June 26, 2014
The scope of these transferred rights had not been addressed in Florida until the Eleventh Circuit certified the issue to the Florida Supreme Court. In its recent opinion, the Florida Supreme Court clarified that a basic transfer of rights provision, without more, does not give the insurer a right of priority. Under such circumstances, priority of recovery remains dictated by Florida’s common law “made whole doctrine.”
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