Owen v. Cna Insurance/Continental Casualty Company

771 A.2d 1208 (2001)

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Nature of the Case

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Facts

P signed a release in favor of parties she had sued in a personal injury action from a slip and fall. P also settled with the insurance carrier, and she was entitled to get a $10,000 lump sum payment, attorney’s fees of $15,000 and five deferred periodic payments totaling $81,067.24. There was a non-assignment provision that required written notice to the company and its acceptance and as to the deferred lump sums; the payments were not subject to assignment, transfer, commutation, or encumbrance. Eventually, P assigned the payments to a Mortgage and Security Company for a lump sum payment of $8,520.20. Under the assignment agreement, P also agreed to indemnify and hold that company harmless for any claim that her periodic payments were not assignable and to not may any claims the payments were not assignable. P notified D of the assignment. D refused. P filed a complaint at the Department of Insurance. No action was taken by them. The trial court granted summary judgment. The Appellate Division reversed.