RESISTING THE TIDAL WAVE UNDER TEXAS LAW.

Resisting the tidal wave of contrary opinions, a Federal appellate judge wrote for a unanimous court in Illinois that, under Texas law in a case of apparent first impression, an insured's assignment of claims against its insurance company in the insured's settlement agreement before adjudication on the merits in the underlying case was held to violate public policy.  Accordingly, the assignment was held invalid and unenforceable in Hendricks v. Novae Corporate Underwriting, Ltd., 868 F.3d 542 (7th Cir. 2017) (case involved Texas substantive law).

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