The Forgotten Calif. Statute That Overrules Henkel

Law360, New York (August 22, 2011, 12:31 PM EDT) -- The California Supreme Court’s decision in Henkel Corp. v. Hartford Accident & Indemnity Co., 29 Cal. 4th 934 (2003), was a major moment in the ongoing saga of the enforceability of “anti-assignment” clauses in liability insurance policies. Henkel’s pro-insurer result — invalidating unconsented-to assignments of insurance rights granted prior to the time the coverage claim is “reduced to a sum of money” owed under the policy — surprised litigators and deal lawyers alike, and drew national attention.

Henkel remains the poster child for the pro-insurer position....
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