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Rumbin v. Utica Mutual Insurance Co.8/15/2000
ty liable in damages to the non-assigning party. The assignment, however, remains valid and enforceable against both the assignor and the assignee." Id.
Many other courts similarly have held that an antiassignment provision that limits the right to assign does not void an assignment between an assignor and assignee unless there is also an express provision limiting the power to assign or a provision voiding the assignment itself. See, e.g., Pravin Banker Associates, Ltd. v. Banco Popular Del Peru, 109 F.3d 850, 856 (2d Cir. 1997) ("` o reveal the intent necessary to preclude the power to assign, or cause an assignment violative of contractual provisions to be wholly void, [a contractual] clause must contain express provisions that any assignment shall be void or invalid if not made in a certain specified way'"); Cedar Point Apartments, Ltd. v. Cedar Point Investment Corp., 693 F.2d 748, 754 (8th Cir. 1982) (concluding that " erely the `right to assign,' not the power to assign, limited by the express language of the [antiassignment] clause. No intent is thereby revealed to avoid an assignment not meeting the restrictions."); Liberty Life Assurance Co. of Boston v. Stone Street Capital, Inc., 93 F. Sup. 2d 630, 637 (D. Md. 2000) ("the Court can think of no clearer way to communicate an intent to deny a party the power to assign than to expressly say so"); Wonsey v. Life Ins. Co. of North America, 32 F. Sup. 2d 939, 943 (E.D. Mich. 1998) (refusing to "[disregard] the modern trend of upholding assignments in the face of contractual anti-assignment clauses"); Pro Cardiaco Pronto Socorro Cardiologica, S.A. v. Trussell, 863 F. Sup. 135, 138 (S.D.N.Y. 1994) ("assignments are enforceable unless expressly made void"); Lomas Mortgage U.S.A., Inc. v. W.E. O'Neil Construction Co., 812 F. Sup. 841, 844 (N.D. Ill. 1993) (concluding that antiassignment clauses "do not specifically render void an attempted assignment" but "merely restrict the right to assign"); Paccom Leasing Corp. v. E.I. du Pont de Nemours & Co., Docket Nos. CIV. A. 89-255-CMW, 90-311-CMW, 1991 U.S. Dist. WL 226775, p. *7 (D. Del. October 30, 1991) (" here is ample support for position that distinguishes between the power to assign and the right to assign. If the power to assign is removed by contract [rendering any attempted assignment void] then the attempted assignment would be ineffective . . . . On the other hand, if the contract . . . merely removed the right to assign, then the assignments . . . would be upheld."); Jacquette v. CNA Ins. Cos., Civil Action No. 98-1601 (N.H.P.) (D.N.J. November 16, 1998) ("a contractual prohibition against assignment cannot render an assignment void unless the contract explicitly states that assignments are void or invalid or otherwise ineffective"); Hanigan v. Wheeler, 19 Ariz. App. 49, 52, 504 P.2d 972 (1972) ("Where a contract contains a promise to refrain from assigning, an assignment which violates it would not be ineffective. The promise creates a duty in the promisor not to assign. It does not deprive the assignor of the power to assign . . . ." [Emphasis in original; internal quotation marks omitted.]); In re Freeman, Docket No. 98-9384-3P7 (Fla. Bankr. March 29, 1999) ("the anti-assignment provision must eliminate both Debtor's `power' to assign as well as his `right' to assign the contract or rights before this Court will invalidate the assignment"); Garden State Buildings, L.P. v. First Fidelity Bank, N.A., 305 N.J. Super. 510, 522, 702 A.2d 1315 (1997) ("` o reveal the intent necessary to preclude the power to assign, or cause an assignment violative of contractual provisions to be wholly void, such clause must contain express provisions that any assignment shall be void or invalid if not made in a certai
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