California Supreme Court Limits Enforceability of Anti-Assignment Clauses | The National Law Review

In a unanimous decision handed down by the California Supreme Court in Fluor Corporation v. Superior Court, the Court removed an obstacle facing companies in some circumstances that want to assign their interest in an insurance policy.

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Dave Tate’s comment: briefly, this is an important decision for policy holders, the possible result of which may increase the number of bad faith actions going forward in some circumstances. Perhaps more or equally important, the decision adds a tool for policy holders that could have wide ramifications as the Court’s reasoning might be argued or applied in other circumstances.

Dave Tate, Esq. (San Francisco / California)