Insurance Law

Recent Posts

California Supreme Court Finds Liability Policies Are Assignable in Some Circumstances
Posted on 22 Sep 2015 by Bullivant Houser Bailey PC

By Andrew B. Downs and Heather J. Zacharia In a sharp U-Turn, the California Supreme Court has decided that rights under liability insurance policies for harm that has already happened are assignable without the insurer's consent. In California... Read More

California Supreme Court: Insureds May Freely Transfer Insurance Rights
Posted on 29 Sep 2015 by John Green

In 2003, the California Supreme Court ruled, [subscribers can access an enhanced version of this opinion: | Lexis Advance ], that a company’s contractual transfer of insurance rights to a subsequent purchaser was invalid, as it violated... Read More

California Joins the Majority – Henkel No Longer a Bar to Post-Loss Assignments
Posted on 8 Oct 2015 by Neal Gerber Eisenberg

By Jason Frye , Associate, Neal, Gerber & Eisenberg LLP The California Supreme Court has issued its long-awaited ruling in Fluor Corp. v. Superior Court of Orange Co . and held that California Insurance Code section 520 – a statute tracing... Read More

California Supreme Court Reverses Prior Ruling On Anti-Assignment Clauses
Posted on 20 Oct 2015 by Brian Margolies

In Fluor Corporation v. The Superior Court of Orange County (Hartford Accident & Indemnity Co., real party in interest), 2015 Cal. LEXIS 5631 (Aug. 20, 2015), [subscribers can access an enhanced version of this opinion: | Lexis Advance ... Read More

Washington Court Holds Covenant Judgment Sets a Floor, Not a Ceiling, on Damages
Posted on 9 Jun 2014 by Bullivant Houser Bailey PC

By Matthew J. Sekits , Daniel R. Bentson . Recently, the Washington Court of Appeals increased the damages available to an assignee of an insured's bad faith claims, holding that a "covenant judgment sets a floor, not a ceiling, on the... Read More