Fluor Corporation v. Super. Ct.

Opinion

CANTIL-SAKAUYE, C. J.

We granted review to consider whether Insurance Code section 520 — a statute tracing back to 1872, which was not cited to or considered by this court when we decided Henkel Corp. v. Hartford Accident & Indemnity Co. (2003) 29 Cal.4th 934 [129 Cal.Rptr.2d 828, 62 P.3d 69] (Henkel) — changes our determination in that case regarding the enforceability of “consent-to-assignment” clauses in third party liability insurance policies. Under Henkel, the consent-to-assignment clause contained in the insurance policy in the present case would permit the insurer, after a loss…