Sunday, February 5, 2017
Givaudan Fragrances Corporation v. Aetna Casualty & Surety Compan
Givaudan Fragrances Corporation v. Aetna Casualty &
The Court adopts the policy that, once an insured loss has occurred, an anti-assignment clause in an occurrence policy may not provide a basis for an insurer’s declination of coverage based on the insured’s assignment of the right to invoke policy coverage for that loss. The assignment at issue in this case was a post-loss claim assignment and therefore the rule voiding application of anti-assignment clauses to such assignments applies.