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Expert Analysis

Calif. Supreme Court Should Overturn Henkel In Fluor Ruling

Law360, New York (May 19, 2015, 11:20 AM EDT) -- In 1869 the California Supreme Court opined that an insurance policy "may also be assigned after the loss occurs, the assured, of course, retaining his interest in the property up to the time of the loss. The assent of the insurer is not essential, unless expressly required by the policy — and it is doubtful whether the insurer could restrain the assignment after the loss occurs — but the general provision in the policy forbidding an assignment without the consent of the insurer, does not cover an assignment after the loss." (Bergson v. The Builders Insurance Company, 38 Cal. 541, 543-4.)...

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