Piasecki v. Liberty Life Assurance Co. of Boston
Illinois Appellate Court
728 N.E.2d 71 (2000)

- Written by Sean Carroll, JD
Facts
Donald and Eileen Piasecki died in a car accident. Two of their sons, John and David Piasecki (the Piaseckis) (plaintiffs), brought suit against Nussbaum Trucking, Inc. (Nussbaum) and Charles Ward (defendants). The Piaseckis entered into a structured settlement with Nussbaum and Ward. The settlement contract prohibited the Piaseckis from assigning their future payments, in part for tax purposes. The Piaseckis nevertheless assigned their future payments to Stone Street Capital, Inc. in exchange for upfront lump-sum payments. Nussbaum and Ward’s insurance companies objected to the assignment. The trial court ruled in the Piaseckis’ favor and permitted the assignment. The defendants appealed. The Piaseckis argued that the clause in the contract prohibiting assignment was unenforceable on public-policy grounds.
Rule of Law
Issue
Holding and Reasoning (Lytton, J.)
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