Perspective
May 16, 2014
Time to reconsider the assignability of certain claims
Should California courts rethink the limitations on assignability? It may well be time to reconsider, by following the lead of the courts in Washington. By Joan M. Cotkin
If an insurance company refuses to settle a claim, once liability has become reasonably clear and there is an opportunity to settle within limits, the defending insurer runs the risk of an excess verdict. Once the verdict is secured, the insured has the option of assigning the breach of contract and bad faith claims to the injured person, in return for the plaintiff's covenant not to collect the excess verdict personally from the insured. <...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In