assignable rights

A liability policy makes express and implied promises that create certain rights owned by the policyholder. Some of these rights may be sold by the policyholder to others, including an injured plaintiff. Such assignments are often coupled with a covenant not to execute. However, not all rights are assignable. Some rights are deemed in the law to be personal to the policyholder such that any attempt to assign them extinguishes them. Examples of non-assignable rights include the policyholder’s right to recover from an insurer for emotional distress and punitive damages and a clients right to recover from an attorney for legal malpractice. See, Article: Assignable Rights.

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