In re Katrina Canal Breaches Litigation: The Louisiana Supreme Court Defies the Majority in Upholding Prohibitions on Postloss Assignments of Insurance Policies

Recent Development by Erin E. Bambrick

In answering the certified question, the Louisiana Supreme Court held that public policy in Louisiana does not bar the application of an antiassignment clause to postloss assignments where the language of the antiassignment clause “clearly and unambiguously express[es]” the parties' intention that the clause will apply to postloss assignments. In re Katrina Canal Breaches Litigation, 2010-1823, pp. 7, 12 (La. 5/10/11); 63 So. 3d 955, 960, 963.


About the Author

Erin E. Bambrick. J.D. candidate 2013, Tulane University School of Law; B.A. 2007, Tulane University.

Citation

86 Tul. L. Rev. 1345 (2012)