Kenneth Mr. Vercammen was included in the 2020 “Super Lawyers” list published by Thomson Reuters.

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Sunday, February 5, 2017

Givaudan Fragrances Corporation v. Aetna Casualty & Surety Compan

Givaudan Fragrances Corporation v. Aetna Casualty & 
Surety Company 
(A-16/17/18/19/20/21/22/23/24/25-15; 076523) 

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.