"Plane" English: Court of Appeal holds no assignment clause does not prevent transfer of claim to insurer
In the recent case of Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd the English Court of Appeal had to consider the issue of whether a no-assignment clause in a sale contract for two aircraft applied when the insured’s rights had been assigned to its insurer under an insurance policy. Overturning the first instance decision, the Court of Appeal held that the clause did not apply and that the insurer could pursue a claim under the sale contract.
