Ky. High Court Nixes Insurer's Anti-Assignment Fight

Law360, New York (October 26, 2012, 4:56 PM EDT) -- Kentucky's high court ruled Thursday that insurers cannot force policyholders to get permission before assigning to other parties insurance claims for losses that have already occurred, refusing to enforce an anti-assignment provision in a hospital's builder's risk policy with Assurance Co. of America.

Aligning itself with a majority of state courts, the Kentucky Supreme Court concluded that an anti-assignment clause is enforceable only before — but not after — a loss covered by the policy occurs. The decision marks a victory for Wehr Constructors Inc., which...
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