Assignments


People that have bought properties after the earthquakes are likely to have taken an assignment in relation to EQC and insurance policies.  This may involve an assignment of the claim, the proceeds, the rights and/or the policy.  Each is a different property right.  This is likely to be recorded in the property sale and purchase agreement and a deed of assignment.  There has been no issue with EQC recognising the right of the new owner to receive what may have been due to the previous owner.  Some insurers have taken the position that the policy cannot be assigned without their consent.  Also that the purchaser cannot acquire reinstatement rights or a right to reinstatement proceeds.  Insurers may say this is a personal right.  There are legal arguments both ways.  So far the Court has not had to consider this issue at trial.