January 26, 2016 | The Legal Intelligencer
Liability Insurance Rights Can Follow the LiabilityCorporate deal lawyers had for many decades designed corporate acquisitions and divestitures on the long-held foundation that historical rights to insurance proceeds were freely assignable, and that the rights to the proceeds of liability insurance could freely follow the liabilities.
By William G. Passannante, Cort T. Malone and Bruce Strong
11 minute read
December 14, 2015 | New York Law Journal
Liability Insurance Rights Can Follow the LiabilityWilliam G. Passannante, Cort T. Malone and Bruce Strong of Anderson Kill write: The 2003 decision in 'Henkel Corp.' severely impeded companies involved in corporate acquisitions and divestitures by enforcing consent-to-assign clauses even though policy periods had expired and the right to insurance already had accrued. In 2015, California reversed course in 'Fluor' and restored the ability of corporations to freely assign the rights available under insurance policies after a loss.
By William G. Passannante, Cort T. Malone and Bruce Strong
11 minute read
December 11, 2015 | New York Law Journal
Liability Insurance Rights Can Follow the LiabilityWilliam G. Passannante, Cort T. Malone and Bruce Strong of Anderson Kill write: The 2003 decision in 'Henkel Corp.' severely impeded companies involved in corporate acquisitions and divestitures by enforcing consent-to-assign clauses even though policy periods had expired and the right to insurance already had accrued. In 2015, California reversed course in 'Fluor' and restored the ability of corporations to freely assign the rights available under insurance policies after a loss.
By William G. Passannante, Cort T. Malone and Bruce Strong
11 minute read