Historically, the Ninth Circuit has not favored anti-assignment clauses. See, e.g., Northern Ins. Co. of New York v. Allied Mut. Ins. Co., 955 F.2d 1353 (9th Cir. 1992)(benefits of policy transfer by operation of law to successor corporation despite anti-assignment provision). Applying Oregon law, the Ninth Circuit recently continued its pattern, determining
April 2009
Fifth Circuit Again Finds in Favor of Policy-Holder
By Tred R. Eyerly on
Continuing its recent trend in post-Katrina cases to find for the policy-holder (see Dickerson v. Lexington Ins. Co., 2008 WL 5295389 (5th Cir. Dec. 22, 2008)[ reviewed hereGrilletta v. Lexington Ins. Co. 2009 U.S. App. LEXIS 276 (5th Cir. Jan. 8, 2009)[reviewed here]), the Fifth Circuit reversed an award of summary judgment in