Legal Opinion · Concurrence

Star Windshield Repair, Inc. v. Western National Insurance Co.

Supreme Court of Minnesota

Decided July 16, 2009No. A07-216, A07-217, A07-830, A07-972Published

1Concurrence

*351CONCURRENCE

ANDERSON, G. BARRY, Justice

(concurring).

I concur in the result reached by the majority but would use a different analytical framework based on traditional interpretations of anti-assignment language in insurance policies.

I begin with the observation that most jurisdictions have interpreted insurance policy anti-assignment language as limited to pre-loss circumstances. 5A John Alan Appleman & Jean Appleman, Insurance Law and Practice § 3458 (rev. ed. 1970). The majority notes that most jurisdictions limit the validity of anti-assignment clauses to pre-loss assignments in insurance…

2Cases cited7 opinions

  1. Globecon Group, LLC v. Hartford Fire Insurance Company, Docket No. 04-4399-CvCourt of Appeals for the Second Circuit · 2006
  2. Northern Insurance Company of New York, Plaintiff-Appellee-Cross-Appellant v. Allied Mutual Insurance Company, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1992
  3. Conrad Bros. v. John Deere Insurance Co.Supreme Court of Iowa · 2001
  4. Windey v. North Star Farmers Mutual InsuranceSupreme Court of Minnesota · 1950
  5. Lewis v. BushSupreme Court of Minnesota · 1883

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