Strahin v. Sullivan

(Filed July 19, 2007)

I fully agree with the result reached in the majority opinion in this case. I have chosen to write separately in order to clarify the majority opinion, and to address the complexities of the issue of an assignment and a covenant not to execute. After a brief review of the pertinent procedural facts of the instant case, I will discuss several distinct factual circumstances under which the issue of an insured’s assignment of his or her excess verdict claim to a plaintiff, in exchange for the plaintiffs covenant not to execute, may arise. Through this discussion, I will…