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Assignments › Insurance Litigation

An assignment is the transfer of a right or benefit from one party to another party. Assignments can occur in contract or real estate contexts.  A contract assignment refers to a situation where one party to... more +
An assignment is the transfer of a right or benefit from one party to another party. Assignments can occur in contract or real estate contexts.  A contract assignment refers to a situation where one party to a contract transfers his/her rights or benefits under the contract to a third party. In a real estate assignment, an interest holder transfers his/her interest in a particular parcel to another party. less -
Womble Bond Dickinson

The Supreme Court of South Carolina Adopts the Post-Loss Exception

Womble Bond Dickinson on

In PCS Nitrogen, Inc. v. Cont'l Cas. Co., 436 S.C. 254, 871 S.E.2d 590 (2022), the Supreme Court of South Carolina formally adopted the “post-loss exception” - a common law rule providing that insurer consent is not required...more

Gould + Ratner LLP

Suburb's Citizens Out of Luck Against Contractor's Insurer for Contaminated Water

Gould + Ratner LLP on

Under established Illinois law, an insurer must defend a legal action filed against its insured unless it is clear from the face of the underlying complaint that the allegations fail to state facts which bring the case...more

Pillsbury - Policyholder Pulse blog

Insurer Pushing Settlement Off the Rails? A Covenant Not to Execute May Put Things Back on Track

Pillsbury - Policyholder Pulse blog on

As coverage counsel, we see the situation arise time and again: facing down substantial potential liability in a pending lawsuit, a policyholder engages in good-faith settlement discussions with the plaintiff. After animated...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 22, 2019

Carlton Fields on

Real Property Update - Foreclosure / Paragraph 22: bank failed to introduce sufficient evidence to prove default letter was sent to borrower pursuant to paragraph 22 of the mortgage where bank's witness never testified that...more

Cozen O'Connor

In Rhode Island, No Duty of Good Faith to Third Party Claimant

Cozen O'Connor on

In Summit Insurance Company v. Stricklett, — A.3d —, No. 2017185APPEALPC12536, 2019 WL 190358, (R.I. Jan. 15, 2019), the Supreme Court of Rhode Island held that – similar to many jurisdictions – the duty to act in a...more

Jaburg Wilk

Arizona Court of Appeals Holds Insureds May Assign a Post-Loss Breach of Contract Claim to Contractors

Jaburg Wilk on

The Holding - In Farmers Ins. Exchange v. The Honorable David Udall, 2018 WL 2931906 (June 12, 2018), the Arizona Court of Appeals accepted special action jurisdiction to hold that Insureds validly assigned post-loss...more

Butler Weihmuller Katz Craig LLP

Second DCA Reaffirms Orders Allowing Assignment of Homeowners' Insurance Claims to AOB Companies

Butler Weihmuller Katz Craig LLP on

In Start to Finish Restoration LLC v. Homeowner’s Choice Property & Cas. Ins. Co., 2D15-2206 (Fla. 2d DCA June 10, 2016), the Second District doubled down on its holding in Bioscience West, Inc. v. Gulfstream Property &...more

Cozen O'Connor

Florida Regulators Approve Policy Language Aimed at Limiting “Assignments of Benefits” Claim Practice

Cozen O'Connor on

Insurance companies that write property risks in Florida are getting in line to request approval from the Office of Insurance Regulation (OIR) for two key policy revisions intended to control losses from a water damage...more

Cozen O'Connor

Oregon Adopts Covenants Not To Execute/Assignments

Cozen O'Connor on

This past week, the Supreme Court of Oregon overturned 42 years of precedent, holding that Stubblefield v. St. Paul Fire & Marine, 267 Ore. 397, 517 P.2d 262 (1973) erred when it decided that a covenant not to execute given...more

Faegre Drinker Biddle & Reath LLP

Third Cir. Holds Hospitals May Sue Health Insurers Directly

Faegre Drinker Biddle & Reath LLP on

Before September 11 the Third Circuit Court of Appeals had been out of step with its sister federal circuits when it came to the right of hospitals, physicians and other health providers to sue health insurers that failed to...more

Carlton Fields

Florida Appellate Court Rejects Bid to Curb Insureds’ Assignments to Contractors

Carlton Fields on

Many property insurance policies contain terms that prohibit assignment, but Florida law has long deemed those terms inoperative once a loss has occurred. E.g., W. Fla. Grocery Co. v. Teutonia Fire Ins. Co., 74 Fla. 220...more

Carlton Fields

STOLI Schemers Must Make Good on Damages Caused

Carlton Fields on

Followers of stranger-originated life insurance (STOLI) issues have likely read over the last few years about Ohio National Life Assurance Corp. v. Davis and the favorable results the insurer obtained in its action against...more

Orrick, Herrington & Sutcliffe LLP

11th Circuit Certifies Insurable Interest Questions in Pruco Cases to the Florida Supreme Court

Orrick, Herrington & Sutcliffe LLP on

On February 27, 2015, the United States Court of Appeals for the Eleventh Circuit certified two important questions of Florida insurable interest law to the Florida Supreme Court. ...more

K&L Gates LLP

Pennsylvania Supreme Court Holds Policyholders May Assign Their Statutory Right to Recover Punitive Damages Arising from Insurer’s...

K&L Gates LLP on

In an issue of first impression, the Pennsylvania Supreme Court recently held in Allstate Prop. & Cas. Ins. Co. v. Wolfe that a policyholder may assign statutory bad faith claims under Pennsylvania’s bad faith statute,...more

Carlton Fields

New York Law Governs STOLI Dispute In Texas

Carlton Fields on

A Texas appellate court’s choice of law determination proved pivotal where a life insurer contested its duty to pay proceeds on the grounds that the policy was fraudulently acquired as part of a stranger-oriented life...more

Cozen O'Connor

Pennsylvania Supreme Court Rules Statutory Bad Faith Claims are Assignable

Cozen O'Connor on

On December 15, 2014, the Supreme Court of Pennsylvania held, in a 5-1 decision, that bad faith claims brought pursuant to 42 Pa. C.S. § 8371 may be assigned by an insured to an injured third party under Pennsylvania law. See...more

Saul Ewing Arnstein & Lehr LLP

Assign Away: Pennsylvania Supreme Court Says Bad Faith Claims May be Assigned

Saul Ewing Arnstein & Lehr LLP on

On December 15, 2014, in the case of Allstate Prop. & Cas. Ins. Co. v. Wolfe, No. 39 MAP 2014, slip op. at 1 (Pa. Dec. 15, 2014), the Pennsylvania Supreme Court ruled that an insured may assign a statutory bad faith claim...more

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