University of Judaism v. Transamerica Ins. Co

In University of Judaism v. Transamerica Ins. Co. (1976) 61 Cal. App. 3d 937, the Court held that lack of consent to an assignment did not defeat coverage on fire insurance policies for a fire which took place after the assignment. The Court reasoned that the assignment did not change the nature of the activity at the premises or increase the risk, so that consent would have been given if requested, and characterized the insurer's argument as asserting an arbitrary right to withhold consent "when the only apparent reason for doing so is that an intervening loss has occurred." ( Id. at p. 942.)