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OWEN v. CNA INS./CONTINENTAL CAS

750 A.2d 211 (2000)

330 N.J. Super. 608

Carol OWEN, Plaintiff-Respondent, v. CNA INSURANCE/CONTINENTAL CASUALTY COMPANY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 11, 2000.

Attorney(s) appearing for the Case

Lee A. Rosengard, Philadelphia, PA, for defendant-appellant (Stradley, Ronon, Stevens & Young, attorneys; Mr. Rosengard and Francis X. Manning, of counsel and on the brief).

Sherry L. Foley, for plaintiff-respondent (Foley & Foley, attorneys; Ms. Foley, on the brief).

Before Judges STERN, KESTIN and WEFING.

The opinion of the court was delivered by STERN, P.J.A.D.

Defendant insurance carrier appeals from the grant of summary judgment to plaintiff in this declaratory judgment action seeking to require defendant to honor her assignment of the proceeds of a structured settlement. The settlement agreement provided:

The claimant shall have the right to change the Contingent Payee at any time during the term of this Agreement by filing written notice with the Company...

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