insurance code section 520 – Duane Morris Insurance Law

January 9, 2013September 8, 2014 by Paul J. Killion

The California Supreme Court Will Take Another Look At Henkel

On December 12, 2012, the California Supreme Court granted review in Fluor Corporation v. Superior Court (2012) 208 Cal.App.4th 1506, previously commented upon in this blog. The issue on review, as stated on the Supreme Court’s website, is: “Are the limitations on assignment of third party liability insurance policy benefits recognized in Henkel Corp. v. Hartford Accident & Indemnity Co. (2003) 29 Cal.4th 934 inconsistent with the provisions of Insurance Code section 520?”

Continue reading “The California Supreme Court Will Take Another Look At Henkel”

September 6, 2012September 8, 2014 by Paul J. Killion

The California Court of Appeal Says Nice Try To Attempt to Overturn The California Supreme Court’s Henkel Decision Based on an 1872 Statute

On August 30, 2012, Division Three of the California Court of Appeal for the Fourth District put to rest a new argument devised by policyholders to attack the California Supreme Court’s seminal consent-to-assignment ruling in Henkel Corp. v. Hartford Acc. & Indem. Co., 29 Cal.4th 934 (2003). See Fluor Corp. v. Superior Court (Slip Opn. dated Aug. 30, 2012) (Fourth Dist. No. G045579)

The Fluor case involved the same consent-to-assignment clause at issue in Henkel: “Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon.” (See Henkel, supra, 29 Cal.4th at 943.) Continue reading “The California Court of Appeal Says Nice Try To Attempt to Overturn The California Supreme Court’s Henkel Decision Based on an 1872 Statute”