... OF PROPERTY INSURANCE COVERAGE CLAIM.
(Matt Whittaker / New York Times)
In Johnson v. CSAA Gen. Ins. Co., No. 118689, 2020 WL 7349186 (Okla. December 15, 2020) (stated not released for official publication at this time), the Oklahoma Supreme Court recognized that a majority of Courts addressing the issue has held that an insured's post-loss assignment of its property insurance coverage claim to a contractor is valid. The Supreme Court held in this case that such a post-loss assignment is the permissible assignment of a chose in action, and not an impermissible assignment of the policy.
The Oklahoma Supreme Court's framing and resolution of this issue is so well-stated that no attempt to summarize it can improve it. Here is how the Supreme Court stated the matter:
This case involves an insured assigning a post-loss property insurance claim to a construction company for the purpose of the company repairing her property after a storm. Insurer argued the insured property owner was required to obtain written consent from the insurer prior to making the assignment. We agree with a majority of courts stating an insured's post-loss assignment of a property insurance claim is an assignment of a chose in action and not an assignment of the insured's policy. We hold insured's assignment was not prohibited by either the insurance policy or 36 O.S. § 3624. We conclude the District Court's judgment was erroneous when it dismissed the construction company as a party because written consent for the assignment was not provided by insurer to the insured. We reverse the judgment of the District Court and remand for further proceedings. The insurer's motion to dismiss the appeal is denied.
Johnson, 2020 WL 7349186, at p. *1, ¶ 1.
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