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Courts Leaning Anti-Anti-Assignment

January 3, 2013 by Scott C. Shine

In October, in a case of first impression, the Kentucky Supreme court decided that Kentucky will follow the “majority rule,” under which anti-assignment clauses in insurance policies may not be enforced, if the assignment is made after the underlying loss has occurred.    In December, the Supreme Court of California agreed to decide whether to extend that rule to “assignments” that occur by virtue of the merger of an insured into another business. In re Wehr ... Keep Reading »

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