The Assignment Clause in First-Party Property Insurance Policies: Are Postloss Assignments of Policy Proceeds Enforceable?
ABA The Brief Tort Trial & Insurance Practice SectionJanuary 27, 2010
The Winter 2010 issue of the widely circulated ABA magazine, The Brief, features an article by Catherine Colinvaux and Kristin Suga Heres. The article, titled "The Assignment Clause in First-Party Property Insurance Policies: Are Postloss Assignments of Policy Proceeds Enforceable?," comments on the purpose of antiassignment clauses, noting courts' increasing willingness to give weight to antiassignment provisions contained in property policies and to disallow the postloss assignment of unaccrued losses pursuant to such provisions. The article explores the potential expansion of this approach in the area of replacement cost coverage and beyond. To view this article in full, please click here.
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