GIVAUDAN FRAGRANCES CORPORATION, Plaintiff-Respondent,
v.
AETNA CASUALTY & SURETY COMPANY a/k/a Travelers Casualty and Surety Company, Travelers Casualty and Surety Company f/k/a Aetna Casualty & Surety Company, Travelers Property Casualty Corp. as the successor-in-interest to Aetna Casualty & Surety Company and Travelers Casualty and Surety Company, American Home Assurance Company, The Central National Insurance of Omaha, Century Indemnity Company, Continental Casualty Company, The Continental Insurance Company in its own right and as successor-in-interest to Boston Old Colony Insurance Company, Everest Reinsurance Company f/k/a Prudential Reinsurance Company, Federal Insurance Company, Hartford Accident & Indemnity Company, TIG Insurance Company as successor-in-interest to International Insurance Company, Lexington Insurance Company, Munich Reinsurance Company f/k/a American Reinsurance Company, National Surety Corporation, National Union Fire Insurance Company of Pittsburgh, and Allstate Insurance Company as successor-in-interest to Northbrook Excess and Surplus Insurance Company f/k/a Northbrook Insurance Company, Defendants-Appellants, and
Home Insurance Company, Midland Insurance Company, The New Jersey Property-Liability Guaranty Association on behalf of Midland Company in insolvency, Mission Insurance Company, The New Jersey Property-Liability Guaranty Association on behalf of Mission Insurance Company in insolvency, and New Jersey Manufacturers Insurance Company, Defendants.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued November 9, 2016.
Decided February 1, 2017.
Attorney(s) appearing for the Case
Patrick F. Hofer, a member of the Commonwealth of Virginia and District of Columbia bars, argued the cause for appellants Continental Insurance Company and Continental Casualty Company (Kinney Lisovicz, Reilly & Wolff, attorneys; Mr. Hofer and Timothy P. Smith, on the briefs).
Daren S. McNally argued the cause for appellant Travelers Casualty and Surety Company (Clyde & Co. U.S., attorneys; Mr. McNally, Barbara M. Almeida, and Meghan C. Goodwin, of counsel and on the briefs).
Tanya M. Mascarich argued the cause for appellant Allstate Insurance Company (Windels Marx Lane & Mittendorf, attorneys; Ms. Mascarich and Stefano V. Calogero, on the brief).
Stephen V. Gimigliano argued the cause for appellant Hartford Accident and Indemnity Company (Graham Curtin, attorneys).
John S. Favate argued the cause for appellant Everest Reinsurance Company (Hardin, Kundla, McKeon & Poletto, attorneys).
Gregory S. Thomas argued the cause for appellants American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, PA (LeClairRyan, attorneys; Mr. Thomas, Karol Corbin Walker, and Adam G. Husik, of counsel and on the briefs).
William E. McGrath, Jr., argued the cause for appellant Munich Reinsurance Company, Inc. (Smith Stratton, attorneys).
Seth Goodman Park submitted a letter in lieu of brief on behalf of appellants ACE Property & Casualty Insurance Company, Century Indemnity Company, TIG Insurance Company, and Federal Insurance Company (Siegal & Park, attorneys).
Jeffrey N. German submitted a letter in lieu of brief on behalf of appellant National Surety Corporation.
Robin L. Cohen argued the cause for respondent (McKool Smith, attorneys; Ms. Cohen and Kenneth H. Frenchman, a member of the New York bar, on the brief).
JUSTICELaVECCHIA delivered the opinion of the Court.
This appeal requires us to settle whether this state adheres to the rule that an anti-assignment clause in an insurance policy may not bar the assignment of a post-loss claim even though the claim has not been reduced to a money judgment. An overwhelming number of jurisdictions around the country...
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