California Court of Appeal

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Fluor Corp. v. Superior Court of Orange County, G045579

In an insurance coverage dispute concerning whether one corporation can assign its rights under several liability insurance policies to another corporation as a result of a reverse spinoff, and the insurer's objection based on the insured's failure to secure its approval under the consent-to-assignment clauses in the insurance policies, the corporation's petition for writ of mandate is denied where: 1) the Supreme Court's decision in Henkel is on point and cannot be distinguished; and 2) the 1872 statute does not constitute an express legislative pronouncement regarding the assignability of liability insurance policies that undercuts the court's duty to follow Henkel.

Appellate Information

  • Decided 08/30/2012
  • Published 08/30/2012

Judges

  • Ikola

Court

  • California Court of Appeal

Counsel