United States Fifth Circuit

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In re: Katrina Canal Breaches Litig., 09-30485

In an action regarding 151,000 homeowner's insurance claims brought by the State of Louisiana based upon policyholders' purported assignments of policy rights to the State, the court of appeals certified the following question to the Supreme Court of Louisiana: "Does an anti-assignment clause in a homeowner's insurance policy, which by its plain terms purports to bar any assignment of the policy or an interest therein without the insurer's consent, bar an insured's post-loss assignment of the insured's claims under the policy when such an assignment transfers contractual obligations, not just the right to money due?"

Appellate Information

  • Decided 07/28/2010
  • Published 07/29/2010

Judges

  • Edith H. Jones

Court

  • United States Fifth Circuit

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