One of the most challenging parts of being a restoration contractor is getting insurance companies to pay you for your work. Insurance companies are liable to their customers, not restoration companies. So when it’s time to collect payment for restoration work, many contractors feel disempowered.
Fortunately, there are some legal strategies restoration companies can use to make sure insurance companies are held accountable for paying them. If you work in the restoration industry, you’ve probably heard of the terms Assignment of Policy and Assignment of Post-Loss Benefits. While Assignments of Policy and Assignments of Post-Loss Benefits can sound similar, they are not the same. It’s crucial for restoration industry contractors to understand the difference.
From our legal counsel at One Claim Solutions, a business dedicated to helping restoration contractors get paid better and faster, here is what you need to know:
Since not being the policyholder is one of the biggest hurdles restoration contractors face in getting paid by insurance companies, the obvious remedy might seem like transferring ownership of the insurance policy to the contractor. Unfortunately, the solution is not that simple. Most policies have an anti-assignment provision prohibiting Assignments of Policy that transfer policy ownership to a new person or entity without the insurer’s written approval. Since insurers base insurance premiums on the risks associated with a specific policyholder, they want the right to change the policy if the owner and risks change. Assignments of Policy do not provide restorers with the solutions they need.
Unlike Assignments of Policy, Assignments of Post-Loss Benefits are generally allowed under insurance policies in most states. Assignments of Post-Loss Benefits can be used to transfer policy post-loss rights to restoration contractors without transferring policy ownership. Unlike Assignments of Policy, Assignments of Post-Loss Benefits do not require consent from the insurance provider. An Assignment of Post-Loss Benefits empowers contractors by giving them the right to direct payment from carriers. It also prevents the need for restorers to go through the liens process with the property owner just to get paid.
Restoration billing industry expert Josh Ehmke recommends that restoration contractors ask their customers to sign Assignment of Post-Loss Benefit paperwork anytime they work a job with a coverable claim.
Notably, Assignments of Post-Loss Benefits have some additional restrictions in Florida and are not allowed in Texas. If you are a restoration business in those states, reach out to specialists like One Claim Solutions to learn more about your legal rights.
Navigating getting insurance providers to compensate you for restoration work can be complicated, especially when some of the best ways to empower yourself as a contractor involve maneuvering legal matters like Assignments of Post-Loss Benefits.
If you find yourself feeling overwhelmed with legal jargon while trying to ensure your company gets the compensation it deserves from insurers, turn to One Claim Solutions. Our experts can help review your work authorizations to ensure your team has the strongest stance possible. We also offer coaching on restoration billing and documentation. Request a consultation with us today.