State Farm Insurance Company issued a policy to David Stulberger to insure a Nissan Rogue for collision damage. The policy provided, “No assignment . . . is binding upon us unless approved by us.” When the Nissan was involved in an accident, State Farm agreed that the vehicle should be repaired. M.V.B. Collision, Inc., performed the repairs at a cost of $14,101.80. State Farm offered to pay $9,960.36. Stulberger assigned to M.V.B. the right to pursue State Farm for the difference, or $4,141.44. The assignee filed a suit in a New York state court against the insurer to recoup this amount. The defendant responded with a motion to dismiss, arguing that the plaintiff lacked the capacity to sue because the defendant had not consented to the transfer by Stulberger. Is the assignment valid? Why or why not? [M.V.B. Collision, Inc. v. State Farm Insurance Co., 59 Misc.3d 406, 72 N.Y.S.3d 407 (2018)] (See Assignments and Delegations.)
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