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OWEN v. CNA INSURANCE/CONTINENTAL CAS. CO.

771 A.2d 1208 (2001)

167 N.J. 450

Carol OWEN, Plaintiff-Appellant, v. CNA INSURANCE/CONTINENTAL CASUALTY COMPANY, Defendant-Respondent.

Supreme Court of New Jersey.

Decided May 31, 2001.

Attorney(s) appearing for the Case

Sherry L. Foley, Haledon, argued the cause for appellant (Foley & Foley, attorneys; Ms. Foley and Timothy J. Foley, of counsel and on the briefs).

Francis X. Manning, Cherry Hill, argued the cause for respondent (Stradley, Ronon, Stevens & Young, attorneys; Mr. Manning and Lee A. Rosengard, of counsel and on the briefs).

Mark S. Melodia, Princeton, submitted a brief on behalf of amicus curiae, The National Association of Settlement Purchasers (Reed Smith, attorneys; Mr. Melodia, Daniel Mateo and Jennifer L. Bradshaw, on the brief).

The opinion of the Court was delivered by STEIN, J.

This appeal involves a tort victim who brought an action against a liability insurer for a declaratory judgment that the non-assignment clause in a structured settlement agreement was unenforceable.

The trial court granted summary judgment in favor of the tort victim, holding that under current law the non-assignment clause was unenforceable. The Appellate Division...

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