Wehr Constructors, Inc. v. Assurance Co. of America

Opinion of the Court by

Justice VENTERS.

Pursuant to CR 76.37(1)1 this Court granted the certification request of the United States District Court for the Western District of Kentucky to answer the following question of Kentucky law:

Whether an anti-assignment clause in an insurance policy that requires an insured to obtain the insurer’s prior written consent before assigning a claim under the policy is enforceable or applicable when the claimed loss occurs before the assignment, or whether such a clause would, under those circumstances, be void as against public policy.

For the reasons stated…