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.
