Policyholders frequently seek to decrease liability to underlying claimants by assigning their insurance policy rights to the claimants. Typically, a policyholder will assign its rights under its liability policy to the underlying claimant in exchange for a covenant not to execute on any judgment against the policyholder.
PA Supreme Court Rules on Assignments
Policyholders frequently seek to decrease liability to underlying claimants by assigning their insurance policy rights to the claimants. Typically, a policyholder will assign its rights under its liability policy to the underlying claimant in exchange for a covenant not to execute on any judgment against the policyholder. Under the assignment, the underlying claimant receives the same rights that the policyholder had against its insurer. This strategy may be particularly attractive to the policyholder if an insurer has denied coverage or reserved its right to deny coverage ' thus leaving the policyholder faced with a potentially uninsured exposure. While policyholders have successfully used this strategy to protect themselves from uninsured exposures, it is not free from complication. This article briefly discusses some of the significant issues to be considered, a number of which recently were addressed by the Pennsylvania Supreme Court in <i>Egger v. Gulf Ins. Co.</i>, 903 A.2d 1219 (Pa. 2006).
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Roberta D. AndersonThis premium content is locked for LawJournalNewsletters subscribers only
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