name
against third parties."
26. Subrogation, as an equitable assignment, is
inherent, incidental and collateral to a contract of
indemnity, which occurs automatically, when ... letter of
subrogation-cum-assignment is executed, the
assignment is interlinked with subrogation, and not
being an assignment of a mere right to sue, will
Suretyship (1950 Edn., p. 205) which reads thus:
"Subrogation is equitable assignment. The right
ARB. P. 180-2022 & 181-2022 Page ... letter of
subrogation-cum-assignment is executed, the assignment
is interlinked with subrogation, and not being an
assignment of a mere right to sue, will
therefore, classify subrogations under
three broad categories:
(i) subrogation by equitable assignment;
(ii) subrogation by contract; and
(iii) subrogation-cum- assignment.
28.1) In the first ... third category is where the assured executes
a letter of subrogation-cum-assignment enabling the
insurer retain the entire amount recovered (even
Suretyship (1950 Edn., p. 205) which reads thus:
"Subrogation is equitable assignment. The right
ARB. P. 180-2022 & 181-2022 Page ... letter of
subrogation-cum-assignment is executed, the assignment
is interlinked with subrogation, and not being an
assignment of a mere right to sue, will
character of the 'Assignment' as used in the
Assignment Agreement between the parties. The 'Assignment' has been
defined in the Black ... sale out and out; it
may be only an equitable assignment. [Bence v
Shearman 47 WR 350: (1898) 2 Ch 582; Brand v
London Rubber
character of the 'Assignment' as used in the
Assignment Agreement between the parties. The 'Assignment' has been
defined in the Black ... sale out and out; it
may be only an equitable assignment. [Bence v
Shearman 47 WR 350: (1898) 2 Ch 582; Brand v
London Rubber
interest in
the decree ; if so, whether that assignment is a
legal assignment or an equitable assignment ?
(3) Whether the dispute between the appellant ... Further, the
transaction entered into under that document
amounts to an equitable assignment of the
39
O.S.No. 4383/2012
decree in favour
surplus for the benefit of insurance company.
Subrogation, as an equitable assignment, is inherent,
incidental and collateral to a contract of indemnity, which
occurs automatically ... loss. Further, the assured has no right to deny the
equitable rights of subrogation of the insurer in accordance
with
doer stand
transferred to and vested in the insurer.
10. The equitable assignment of the rights and remedies
of the assured in favour ... benefit of the
insurance company. "
Subrogation, as an equitable assignment, is inherent,
incidental and collateral to a contract of indemnity, which
occurs automatically when
contract of insurance, the law of insurance
recognizes as an equitable corollary of the principle
of indemnity that the rights and remedies of the
assured ... wrong-doer stand transferred
to and vested in the insurer. The equitable
assignment of the rights and remedies of the
assured in favour
