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INSURANCE COVERAGE LAW BULLETIN

December 2012

Henkel (Almost) 10 Years Later

Recent Decisions on the Assignability of ‘Occurrence’-Based Insurance Rights After Injury or Damage

By Seth A. Tucker and Charles Fischette

The meaning of "anti-assignment" clauses has been hotly disputed since 2003, when the California Supreme Court interpreted the clause in a manner that restricted the transfer of coverage rights in certain corporate transactions. This article examines how other courts have resolved the anti-assignment issue in the last decade.

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