An assignee of the right to seek PIP reimbursement is not bound by the cooperation clause in the original insurance policy unless there is evidence of intent to be so bound.

An insurer asserted that the cooperation clause of the original policies of insurance bound the assignee and supported broad discovery demands against same. However, the assignment of rights of recovery under an insurance policy does not necessitate the assignment of duties and obligations under the policy. Such duties and obligations are assignable, but only where there is sufficient evidence of the intent to be so bound.

Case Law Alert - 1st Qtr 2011