California Court of Appeal

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