Fluor Corp. v. Superior Court: Analysis and Impact
Washington partner Patrick Hofer had his article “ Fluor Corp. v. Superior Court: Analysis and Impact,” published in the March 16 issue of Mealey’s Litigation Report: Insurance.
The article discusses the impact of the California Supreme Court’s August 2015 ruling in Fluor Corp. v. Superior Court, which overturned its 2003 decision in Henkel Corp. v. Hartford Accident and Indemnity Co. Henkel thathad held that the consent-to-assignment provision in insurance policies was enforceable. Fluor reached the opposite conclusion, permitting the insured to assign policies to nearly anyone, nearly at any time. “Given the breadth of the court’s statements, it is likely that disputes will arise among claimants, policyholders and insurers regarding their rights and obligations and regarding whether Fluor upsets other aspects of California insurance law,” the article stated.
Patrick was the principal attorney for insurers in Henkel and submitted an amicus in Fluor, which the court addressed at length.